Internal Operating Procedures - page 18

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X. INTERNAL CIRCULATION OF DECISIONS
(a) Policy.
Before issuing any dispositive decision (except one dismissing a case for failure to
pay the filing fee or to file a brief, see Section II(b)(1)), the author Judge circulates a draft of
the decision to all Judges for the period indicated in Section X(b), below, and shall not issue
such decision until after the circulation period has ended. This procedure will keep each
Judge informed of the decisions being issued by other Judges and allow time for any Judge to
provide comments or request panel or en banc consideration, as appropriate. This procedure
will also serve to provide the editors with sufficient time to review the decision and provide
format and style suggestions to the author Judge before the case is issued. Although
nondispositive orders generally are not subject to this procedure, all nondispositive orders
granting equitable tolling are circulated.
(b) Procedure.
Single-judge memorandum decisions and orders to be circulated per
Section X(a), above, are circulated for 5 working days. Re-circulated decisions and orders,
and decisions and orders in cases where briefing was expedited, are clearly identified as such
and are circulated for 3 working days. Panel decisions and orders are clearly identified as
such and are circulated for 5 working days. En banc decisions may not need to be circulated,
as the draft will not be final until all participating Judges have approved it, but the final draft
is sent to the editors for format and style suggestions.
XI. PETITIONS FOR EXTRAORDINARY WRITS
(a) Policy.
Petitions for extraordinary writs generally are assigned to a screening Judge in the
normal course, except that for judicial efficiency purposes, the processes for assignment of
subsequent appeals (
see
Section III(b), above) will also apply to subsequent petitions.
(b) Procedure.
(1) A petition for an extraordinary writ is granted only by a panel. A screening Judge may
order that a response be filed by the appropriate party before denying the petition or
referring the matter to a panel selected in the normal process.
(2) Proceedings on petitions generally are given priority by the Court.
XII. APPLICATIONS FOR ATTORNEY FEES AND EXPENSES
(a) Procedure.
After the filing of an application for award of attorney fees and expenses, the
Secretary's response, and any reply, the Public Office notifies CLS that action is required.
CLS evaluates the contested case and, in most instances, drafts a memorandum
recommending a particular disposition of the application. The memorandum, application,
response, reply, and any other pertinent documents are then sent to the assigned Judge or
panel. If reasonableness of the requested fee is the only contested issue, CLS conducts a
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