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or group of American Indians, including actions relating to allotted trust or restricted Indian lands, or on behalf of an individual Indian whose land is held in trust or restricted status which accrued on the date of enactment of this Act in accordance with subsection (g) may be brought within eleven years after the right of action accrues.
$ 2672. Administrative adjustment of claims.
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 1474; title 29 section 926.
$ 2679. Exclusiveness of remedy.
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 943; title 20 section 1132c-2.
(As amended Pub. L. 92-353, July 18, 1972, 86 Stat. 499; Pub. L. 92–485, Oct. 13, 1972, 86 Stat. 803.)
8 2680. Exceptions.
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 1474.
Chapter 175.-CIVIL COMMITMENT AND REHA
BILITATION OF NARCOTIC ADDICTS 8 2901. Definitions.
As used in this chapter
REFERENCES IN TEXT The date of enactment of this Act, referred to in subsecs. (a), (b), and (g), means the date of enactment of Pub. L. 89-505, which was approved on July 18, 1966.
AMENDMENTS 1972–Subsec. (a). Pub. L. 92– 485, $ 1(a), added further proviso relating to actions for money damages brought by the United States for or on behalf of a recognized tribe, band, or group of American Indians, or on behalf of an individual Indian whose land is held in trust or restricted status,
Pub. L. 92-353, $ 1(a), added proviso that an action for money damages brought by the United States on behalf of American Indians shall not be barred unless the complaint is filed more than six years and ninety days after the right of action accrued.
Subsec. (b). Pub. L. 92-485, $ 1(b), added exception relating to actions for or on behalf of a recognized tribe, band, or group of American Indians, including actions relating to allotted trust or restricted Indian lands, or on behalf of an individual Indian whose land is held in trust or restricted status.
Pub. L. 92–353, § 1(b), increased the period of limitation to six years and ninety days for actions brought by the United States under the subsection for or on behalf of American Indians.
(d) “Treatment” includes confinement and treatment in an institution and under supervised aftercare in the community and includes, but not limited to, medical, educational, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public and benefit the addict by eliminating his dependence on addicting drugs, or by controlling his dependence, and his susceptibility to addiction.
Chapter 163.–FINES, PENALTIES AND
FORFEITURES $ 2464. Security; special bond.
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 sections 1031, 1100a-1.
(As amended Pub. L. 92–420, § 2, Sept. 16, 1972, 86 Stat. 677.)
AMENDMENTS 1972-Subsec. (d). Pub. L. 92-420 substituted "by eliminating his dependence on addicting drugs, or by controlling his dependence,” for "by correcting his antisocial tendencies and ending his dependence on addicting drugs".
EFFECTIVE DATE OF 1972 AMENDMENT Section 5 of Pub. L. 92–420 provided that: “This Act (amending subsec. (d) of this section, section 4251 (c) of Title 18, and section 3411 (b) of Title 42, and enacting provisions set out as a note under this section) shall take effect immediately upon enactment (Sept. 16, 1972). Sections 2 and 3 (amending section 4251 (C) of Title 18 and section 3411 (b) of Title 42, respectively) shall apply to any case pending in a district court of the United States in which an appearance has not been made prior to the effective date (Sept. 16, 1972).".
SHORT TITLE Section 1 of Pub. L. 92-420 provided: "That this Act (amending this section, section 4251 of Title 18, and section 3411 of Title 42, and enacting provisions set out as a note under this section] may be cited as the 'Narcotic Addict Rehabilitation Amendments of 1971'."
Chapter 165.–COURT OF CLAIMS PROCEDURE § 2517. Payment of judgments.
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 460bb-2.
Chapter 171.-TORT CLAIMS PROCEDURE
CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 22 section 2504; title 29 section 926; title 42 sections 5032, 5055.
RULES OF THE SUPREME COURT OF THE UNITED STATES
ADOPTED JUNE 15, 1970, EFFECTIVE JULY 1, 1970, AS AMENDED TO DECEMBER 31, 1973
Rule 16. Motion to dismiss or affirm. 1. Within thirty days after receipt of the jurisdictional statement, unless the time is enlarged by the court or a justice thereof, or by the clerk under the provisions of paragraph 5 of Rule 34, the appellee may file a printed motion to dismiss, or motion to affirm. In cases where the United States or any agency, officer or employee thereof is the appellee, the appellee shall have an additional twenty days to file said motions. Where appropriate, a motion to afirm may be united in the alternative with a motion to dismiss.
Rule 24. Brief in opposition-reply-supplemental
briefs. 1. Counsel for the respondent shall have thirty days (unless enlarged by the court or a justice thereof, or by the clerk under the provisions of paragraph 5 of Rule 34), after receipt of a petition, within which to file forty printed copies of an opposing brief disclosing any matter or ground why the cause should not be reviewed by this court. See Rule 19. Such brief in opposition shall comply with Rule 39 and with the requirements of Rule 40 governing a respondent's brief, and shall be served as prescribed by Rule 33. In cases where the United States or any agency, officer or employee thereof is the respondent, the respondent shall have an additional twenty days to file the said opposing brief.
(As amended Nov. 22, 1971.)
(As amended Nov. 22, 1971.)
FEDERAL RULES OF APPELLATE PROCEDURE
ADOPTED DECEMBER 4, 1967, EFFECTIVE JULY 1, 1967, As AMENDED TO DECEMBER 31, 1973
RULE 9. RELEASE IN CRIMINAL CASES (c) Criteria for Release.
The decision as to release pending appeal shall be made in accordance with Title 18, U.S.C. $ 3148. The burden of establishing that the defendant will not flee or pose a danger to any other person or to the community rests with the defendant. (As amended Apr. 24, 1972, eff. Oct. 1, 1972.)
NOTES OF ADVISORY COMMITTEE ON RULES Subdivision (c) is intended to bring the rule into conformity with 18 U.S.C. $ 3148 and to allocate to the defendant the burden of establishing that he will not flee and that he poses no danger to any other person or to the community. The burden is placed upon the defendant in the view that the fact of his conviction justifies retention in custody in situations where doubt exists as to whether he can be safely released pending disposition of his appeal. Release pending appeal may also be denied if "it appears that an appeal is frivolous or taken for delay." 18 U.S.C. $ 3148. The burden of establishing the existence of these criteria remains with the government.
RULE 30.-APPENDIX TO THE BRIEFS TAXATION OF FEES IN APPEALS IN WHICH THE REQUIREMENT
OF AN APPENDIX IS DISPENSED WITH The Judicial Conference of the United States at its session on October 28th and 29th approved the following resolution relating to fees to be taxed in the courts of appeals as submitted by the Judicial Council of the Ninth Circuit with the proviso that its application to any court of appeals shall be at the election of each such court:
For sometime it has been the practice in the Ninth Circuit Court of Appeals to dispense with an appendix in an appellate record and to hear the appeal on the original record, with a number of copies thereof being supplied (Rule 30f, Federal Rules of Appellate Procedure). It has been the practice of the Court to tax a fee of $5 in small records and $10 in large records for the time of the clerk involved in preparing such appeals and by way of reimbursement for postage expense. Judicial Conference approval heretofore has not been secured and the Judicial Council of the Ninth Circuit now seeks to fix a flat fee of $15 to be charged as fees for costs to be charged by any court of appeals “in any appeal in which the requirement of an appendix is dispensed with pursuant to Rule 301. Federal Rules of Appellate Procedure." Sincerely yours,
ROWLAND F. KIRKS,
TITLE 28.-APPENDIX, Continued
GENERAL RULES OF THE TEMPORARY EMERGENCY COURT OF APPEALS OF
THE UNITED STATES
EFFECTIVE JANUARY 1, 1974
Rule 4. Composition of the Court. The court shall be composed of a Chief Judge and other judges designated by the Chief Justice of the United States from the judges of the United States district courts and United States courts of appeals in accordance with Section 211 (b) (1) of P.L. 92–210.
Rule 1. Scope of Rules. 2. Name. 3. Seal. 4. Composition of Court. 5. Divisions. 6. En Banc Proceedings. 7. Quorum. 8. Sessions. 9. Precedence, 10. Court Executive, Administrator, Deputy Clerks and
Supporting Personnel. 11. Office Hours. 12. Clerk's Fees. 13. Orders Entered by Clerk. 14. Attorneys. 15. Marshal, Crier and Other Officers. 16. Notice of Appeal. 17. Docketing the Appeal. 18. Record on Appeal. 19. Transmission of Record-Duty of Appellant. 20. Reproduction of Record, Briefs and Other Written
Materials Filed. 21. Filing and Proof of Service. 22. Briefs and Certificate of Counsel. 23. Oral Argument. 24. Docket Control. 25. Dismissal. 26. Motion to Dismiss or Affirm. 27. Calendars. 28. Opinions and Rulings of the Court. 29. Mandate. 30. Motions. 31. Question Certified by District Court-Constitutional
Issues. 32. Disqualification of Judges. 33. Judicial Conference of TECA. 34. Effective date.
Rule 5. Divisions. The Chief Judge may, from time to time, divide the court into divisions of three or more members for the hearing and determination of cases, controversies and issues and may make such changes in the membership of such divisions as he may deem appropriate. Sessions shall be held at such places and times as the Chief Judge or presiding judge of a panel may designate. The Chief Judge shall assign cases to the divisions on an equitable basis having due regard for the geographical locations of the parties and the workloads of the divisions and individual judges thereof. Cases, controversies and issues shall be heard and determined by a division unless a hearing or rehearing before the court en banc is ordered by the court.
APPENDIX OF FORMS
Rule 1. Scope of Rules. These Rules govern the procedure in the Temporary Emergency Court of Appeals of the United States. Except as to matters specifically covered by these rules, the Federal Rules of Appellate Procedure shall govern the procedure in all cases or proceedings in this court. The Rules shall be construed to secure the just, speedy and inexpensive determination of every action.
Rule 2. Name. The name of the court as provided by Section 211 of the Economic Stabilization Act of 1970 as amended by The Economic Stabilization Act Amendments of 1971, P.L. 92–210, 85 Stat. 748-50, is the **Temporary Emergency Court of Appeals of the United States."
Rule 3. Seal. The seal of the court shall contain the words "Temporary Emergency Court of Appeals” in the upper sector of space included within the two outer concentric circles, and the words “of the United States of America" in the lower sector, and shall contain the standardized eagle rampant in the center.
Rule 6. En Banc Proceedings. (a) A majority of the judges of the court may order that an appeal or other proceeding be heard or reheard by this court en banc. Such a hearing or rehearing is not favored and ordinarily will not be ordered except (1) when consideration by the full court is necessary to secure or maintain uniformity of its decisions, or (2) when the proceeding involves a question of exceptional importance.
(b) A party, pursuant to Rule 34(b), Federal Rules of Appellate Procedure, who suggests the appropriateness of a hearing or rehearing, en banc, where the suggestion is not contained in a petition for rehearing, shall file an original and 10 copies of said suggestion on or before the date on which appellee's brief is due to be filed if the suggestion is for hearing en banc, or within the time prescribed by Rule 40, Federal Rules of Appellate Procedure, for the filing of a petition for rehearing if the suggestion is for rehearing en banc. The suggestion shall not exceed 10 pages in length and shall be served in compliance with Rule 25, Federal Rules of Appellate Procedure.
(c) If a party desires to suggest a rehearing en banc, the suggestion must be made within the time prescribed by Rule 40, Federal Rules of Appellate Procedure, for filing a petition for rehearing, whether the suggestion is made in such petition or otherwise. The pendency of such a suggestion, whether or not included in a petition for rehearing, shall not affect the finality of the judgment of the court of appeals of stay the issuance of the mandate.
COURT OF APPEALS
(d) The clerk shall transmit a suggestion for hearing or rehearing en banc to the judges of the court but a vote will not be taken to determine whether the cause shall be heard or reheard en banc unless a judge of the court requests a vote on such a suggestion made by a party.
Rule 7. Quorum. (a) A majority of the number of judges authorized to constitute a division of the court shall constitute a quorum for such division.
(b) Not less than five members of the court shall be required to constitute a quorum for the court sitting en banc.
(c) If a quorum does not attend on any day appointed for holding a session of the court or a division thereof, any judge who does attend may adjourn the court or division from time to time, or, in the absence of any judge, the clerk may adjourn the court or division from day to day.
(e) For comparing with the original thereof any copy of any transcript of record, entry, record or paper, when such copy is furnished by any person requesting certification, $1.00 per page or fraction thereof. This fee is in addition to the fee for certification.
(f) For each printed copy of any opinion, such copy to include all separate and dissenting opinions in a single case, regardless of whether such copy be certified or uncertified, the sum of $2.00 provided that such charge shall not be assessed for copies of opinions furnished each party of record according to the court's direction or to governmental offices and agencies.
Rule 8. Sessions. The court shall not hold formal terms. The court shall be deemed always open.
Rule 13. Orders Entered by Clerk. The clerk shall prepare, sign and enter the following without submission to the court or a judge unless otherwise directed:
(a) Orders for the dismissal of an appeal under Rule 42(b), Federal Rules of Appellate Procedure or pursuant to an order of the court or a judge;
(b) Orders on mandate from the Supreme Court of the United States;
(c) Orders and judgments on decisions by the court on motions and appeals. (See Rule 36 of the Federal Rules of Appellate Procedure.)
Rule 9. Precedence. The Chief Judge shall have precedence and preside at any session which he attends. Other judges shall have precedence and preside according to the seniority of their commissions as judges of the United States.
Rule 10. Court Executive, Administrator, Deputy
Clerks and Supporting Personnel. The court may appoint an administrator who shall also be a clerk and who shall be subject to removal by the court. Their official stations shall be at the United States Courthouse, Washington, D.C. 20001. The clerk and his deputies shall take the oath of office of clerks and deputies as set forth by 28 U.S.C. 951, and shall be subject to all of the provisions of Title 28, United States Code, Chapter 57. For their general duties see Rule 45 of the Federal Rules of Appellate Procedure, which is hereby made applicable. Such deputy clerks and supporting personnel other than a judge's personal staff may be appointed by the Chief Judge at such times and places as the volume of court business requires.
Rule 14. Attorneys. (a) Admission to the bar of this court shall be governed by the provisions of Rule 46, Federal Rules of Appellate Procedure, except as hereinafter set out.
(b) Prior to participation in a case, all attorneys shall file a written application for admission on a form provided by the clerk. Motions for admission in open court will not be entertained.
(c) Attorneys can be admitted to argue an appeal pro hac vice.
(d) Suspension or disbarment shall be governed by Rule 46(b), Federal Rules of Appellate Procedure.
(e) Immediately after a notice of appeal is filed each attorney who will appear in the case shall file an entry of appearance-case information sheet.
Rule 15. Marshal, Crier and Other Officers. The marshal of a district in which the sessions of the court or its divisions are held or the crier shall be in attendance during the sessions of the court and its divisions, with such number of clerks, bailiffs and messengers as the court or its divisions may from time to time direct.
Rule 11. Office Hours. The clerk's office shall be open from 9:00 a.m. to 4:30 p.m. on all business days.
Rule 12. Clerk's Fees. The fees of the clerk are as follows:
(a) For docketing a case on appeal or review or docketing any other proceeding, $50.00.
(b) For every search of the records of the court and certifying the result of the same, $2.00.
(c) For certifying any document or paper, whether the certification is made directly on the document, or by separate instrument, $1.00.
(d) For making a typed copy of any record or paper, $1.00 per page of 250 words or fraction thereof. For reproducing any record or paper (by any means other than retyping), 50 cents per page. These fees do not include certification.
Rule 16. Notice of Appeal. (a) A notice of appeal in any civil or criminal case arising under the Economic Stabilization Act of 1970 as amended; or under further legislation incorporating section 211 of the Economic Stabilization Act as amended; or a motion for injunctive relief as provided by Section 211(e) (2), shall be filed with the clerk of this court within 30 days of the entry of judgment by the district court. This time limitation shall be binding upon both government appeals and private appeals. If submitted by mail a notice of appeal shall be deemed filed as of the date postmarked by the United States Postal Service.
COURT OF APPEALS
(b) The notice of appeal shall specify the party or parties taking the appeal; contain a short statement indicating the judgment, date and purport of the district court's judgment, order or part thereof appealed from; the district court judge; and a brief description of the subject matter and issues of the case. The notice shall also indicate if a party is proceeding in Forma Pauperies and/or Pro Se. [See example, Appendix Form 1.)
(c) The appellant shall submit with his notice of appeal a mailing list containing the names, addresses and telephone numbers of all other counsel or Pro Se to the proceeding and a sufficient number of copies of the notice of appeal for each.
(d) The clerk of this court shall serve notice of the filing of the notice of appeal by mailing a copy thereof to each counsel or Pro Se listed on the mailing list. The clerk shall note on each copy served the date on which the notice of appeal was filed. Failure of the clerk to serve the notice of appeal shall not affect the validity of the appeal. Service shall be sufficient notwithstanding the death of a party or his counsel. The clerk shall note on the docket the name of the parties to whom he mails copies with the date of mailing.
Rule 19. Transmission of Record-Duty of Appellant.
(a) The appellant shall file 7 copies of the record or stipulated record as may be designated or agreed upon within the time allowed for filing the appellant's brief. An index shall be provided for all records filed.
(b) It shall be the responsibility of the parties, within the time periods incorporated in these rules and Rule 30(b), Federal Rules of Appellate Procedure, to agree upon and provide for the submission of the agreed parts of the record. Rule 20. Reproduction of Record, Briefs and Other
Written Materials Filed. Printing of the record, briefs or any other papers filed in the court is not required. Papers and briefs may be typewritten, on standard legal size paper, with copies reproduced by any method resulting in clearly readable copy. All written material shall be double spaced. Briefs shall be bound in soft covers: blue for appellant; red for appellee; green for intervenor or amicus curiae; gray for reply briefs and fastened at the left side at three places.
Rule 17. Docketing the Appeal. (a) Upon receipt of the notice of appeal the clerk shall enter the appeal upon the docket. Except in those cases where the party seeking review is exempt or relieved from prepayment of the fees the appellant shall pay at the time of filing the notice of appeal or no later than 7 days after the filing of the notice of appeal the docket fee fixed by the Judicial Conference of the United States pursuant to 28 U.S.C. § 1913, effective November 1, 1973.
(b) Within the time allowed for payment of the docket fee the appellant shall also file an entry of appearance-case information sheet on a form provided by the clerk.
Rule 18. Record on Appeal. (a) The composition of the record on appeal shall be as provided by Rule 10(a), Federal Rules of Appellate Procedure.
(b) Within 3 days after filing the notice of appeal the appellant shall order from the reporter a transcript of such parts of the proceedings not already on file as he deems necessary for inclusion in the record and make satisfactory arrangements with the reporter for payment of the cost of the transcript.
In appeals taken pursuant to 28 U.S.C. § 1915 and 18 U.S.C. $ 3006A the appellant shall take appropriate action to obtain authorization to have the necessary parts of the reporter's transcript prepared at the expense of the United States within the time allowed for filing the notice of appeal.
(c) The original record on appeal shall be retained in the district court, subject to the right of any party to request, or a judge or the clerk to direct that all or designated parts of the record be transmitted.
(d) The clerk shall request that a certified copy of the docket entries be transmitted within 20 days after the notice of appeal is filed.
Rule 21. Filing and Proof of Service. (a) Papers required or permitted to be filed in this court shall be filed with the clerk of this court in his office in Washington, D.C. or as directed.
(b) Papers presented for filing shall contain an acknowledgment of proof of service which shall be accomplished in the manner provided in Rule 25(d), Federal Rules of Appellate Procedure. Service shall be accomplished by the most expeditious method practicable.
Rule 22. Briefs and Certificate of Counsel. (a) Briefs, except as herein provided, shall be prepared in accordance with the provisions of Rule 28, Federal Rules of Appellate Procedure.
(b) The procedure described in Rule 30(f), Federal Rules of Appellate Procedure, for hearing appeals on the original record without the necessity of an appendix is authorized in all appeals.
(c) A certificate will be furnished by counsel for all private (non-governmental) parties, both appellants and appellees, which shall be incorporated on the first page of each brief before the table of contents or index, and which shall certify a complete list of all persons, association of persons, firms, partnerships, or corporations which have an interest in the outcome of the particular case.
This certificate shall be furnished in order that the judges of this court may evaluate possible disqualification or recusal, and shall be in form as follows:
Number and Title of Case.
The undersigned, counsel of record for certifies that the following listed party (or parties) has (have) an interest in the outcome of this case. These representations are made in order that judges of this court may evaluate possible disqualification or recusal pursuant to Rule 22(c).
(Here list names of all such parties and identify their connection and interest.)
Attorney of record for