CHAPTER 13. APPEALS RULE 13.1 APPEALS-PROCEDURES (a) Record: (1) Upon receipt of an order from the United States Court of Customs and Patent Appeals, directing the return of a record on appeal, the clerk shall prepare the full record of said action in accordance with the rules of the United States Court of Customs and Patent Appeals. (2) Thereafter, the clerk shall notify counsel for the parties that the record is available for inspection. (b) Objections: Objections to the form or substance of the record as prepared by the clerk may be raised by motion to settle the record made in accordance with the general provisions for motions as specified in Rule 4.12. (c) Transmission: Upon approval of counsel for the parties or pursuant to direction by the court, the clerk shall certify as to the correctness of the record and transmit it, under seal of the court, to the Clerk of the Court of Customs and Patent Appeals. RULE 13.2 INTERLOCUTORY APPEALS-PROCEDURES (a) Application: When an interlocutory order issued by a judge or judges of the court includes therein a statement that a controlling question of law is involved as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate determination of the litigation, or when an order is issued by the chief judge pursuant to the provisions of Rule 2.2 (b) and 28 U.S.C. § 256 (a), an application may be made to the Court of Customs and Patent Appeals for an appeal within 10 days after the entry of the order. (b) Stay: (1) Neither the application for an interlocutory appeal nor the granting of such an appeal will stay proceedings in this court unless a stay is ordered by a judge of this court or by the Court of Customs and Patent Appeals or a judge of that court. (2) A stay may be granted upon motion of either party to the proceeding. Notwithstanding other provisions in these rules, a response to a motion to stay shall be filed within 7 days of the service of said motion. (c) Record: The provisions of Rule 13.1 shall be applicable where an interlocutory appeal is granted by the Court of Customs and Patent Appeals. CHAPTER 14. THE CLERK'S OFFICE RULE 14.1 JUDGMENTS AND ORDERS (a) Entry of Judgment or Order: When a judgment or order is rendered, the clerk shall enter the judgment or order in an appropriate book or books kept for that purpose and shall show the date the entry is made. The date of such entry shall be deemed to be the date of entry of such judgment or order. (b) Notice of Entry of Judgment or Order: (1) Upon the entry of a judgment, the clerk shall, by delivery or by mailing, serve upon each party, the Secretary of the Treasury, and the district director of the district from which the action arose, a notice of entry of the judgment, together with a copy of the judgment, opinion, decision, or findings of fact and conclusions of law upon which it is based. (2) Upon the entry of an order, the clerk shall serve upon each party, by delivery or by mailing, a notice of entry of the order, together with a copy of the order and any accompanying memorandum. RULE 14.2 BOOKS AND RECORDS KEPT BY THE CLERK (a) Civil Docket: The clerk shall maintain as an original and permanent record a book to be known as the Civil Docket, to be kept on one or more loose-leaf sheets for each action, and shall enter therein each action filed with the court. Actions shall be assigned consecutive file numbers. The file number of each action shall be noted on the page of the Civil Docket whereon the first entry of the action is made. All papers filed with the clerk and all judgments and orders shall be entered chronologically in the Civil Docket on the sheet assigned to the action and shall be marked with its file number. These entries shall be brief, but shall show the nature of each paper filed and the substance of each judgment or order. The docket sheet shall show the date a paper is filed and the date the entry of a judgment or order is made. (b) Judgments and Orders: The clerk shall maintain as a permanent record a Judgment and Order Book in which there shall be filed, in serially numbered chronological sequence in loose-leaf binders, a correct copy of every final judgment or appealable order, together with all opinions, decisions, or findings of fact and conclusions of law upon which it is based, and any other order which the court may direct to be kept. None of the foregoing papers shall be accessible to any unauthorized person, whether a party to the proceeding or not, until the judgment or order has been entered. RULE 14.3 ACCESS TO AND WITHDRAWAL (a) Custody and Control: All papers filed with or transmitted to the court shall be retained in the office of the clerk of the court, under his custody and control, except: (1) when such papers are required by the court; or (2) when requested by the Chief, Customs Section, Department of Justice, relevant papers may be transmitted by the clerk to an appropriate customs officer for the purpose of considering a submission upon an agreed statement of facts pursuant to Rule 8.1, or for the purpose of answering an inquiry by an appropriate customs officer; or (3) when the chief judge so directs, the clerk shall transmit relevant papers in an appeal for reappraisement or in a protest, as defined in Rule 3.1, to an appropriate customs officer on request of the attorney of record for a party, or an individual not represented by an attorney, for good cause shown in such request. Notice of such request shall be given to all other parties. (b) Temporary Withdrawal: (1) The attorney of record for a party, or an individual not represented by an attorney, may, except where restricted by law (28 U.S.C. § 2637(b)), or where the court otherwise directs, have access to the relevant papers in an action, for examination in the office of the clerk. (2) The Chief, Customs Section, Department of Justice, may withdraw the relevant papers in an action to a designated place in his offices for a period not to exceed 30 days: Provided, That upon notice from the clerk, such papers shall immediately be returned to the office of the clerk. (3) The attorney of record for a party, or an individual not represented by an attorney, may withdraw the relevant papers in an action to a designated place in the offices of the Customs Court or the Customs Section, Department of Justice: Provided, That such papers are returned to the office of the clerk on the same day as they are withdrawn. (4) When an attorney of record for a party, or an individual not represented by an attorney, withdraws relevant papers, he shall sign and leave with the clerk a receipt describing the papers so withdrawn and the designated place to which the papers are to be taken. (c) Relevant Papers: For purposes of this rule, the relevant papers include all papers transmitted to or filed with the court as required by law or the rules of the court, including the transcript of all proceedings and exhibits in the action. (d) Return of Papers: When a judgment or order of the court has become final, papers transmitted to the court by the appropriate customs officer pursuant to 28 U.S.C. § 2632(f), shall be returned by the clerk, together with a copy of the judgment or order, to the appropriate customs officer. RULE 14.4 EXHIBITS-DISPOSITION (a) Custody and Control Generally; Exception Upon Motion: Exhibits introduced in evidence in an action or case heard by the court shall remain in the custody and control of the clerk for such time as they may be required, and shall not be surrendered by the clerk until final judgment is entered in the action or case in which they were introduced, except by order of the court upon motion of a party. (b) Exhibits of More Than Ordinary Value: When such exhibits are of more than ordinary value, they may be withdrawn from the custody and control of the clerk by order of the court upon motion of a party. |