Internal Operating Procedures - page 19

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conference with the parties to attempt to resolve the disagreement. All actions relating to an
application will carry the designation "(E)" after the docket number.
(b) Judge or Panel Assignment.
(1)
Single Judge
. If the Judge who decided the underlying appeal or petition is available, the
application is assigned to that Judge. If the Judge who decided the underlying appeal or
petition is not available, a Judge is assigned in the normal process. The assigned Judge
serves as the screening Judge on the matter.
(2)
Panel
.
(A) If a panel issued the underlying decision, the application is assigned to the author
Judge of the panel if he or she is still serving in regular active status. If the author
Judge is not available, the application is assigned to another available member of the
panel serving in regular active status, based on seniority. If none of the original panel
Judges is available, the application is assigned in the normal process.
(B) If the assigned Judge determines panel consideration is appropriate, or if the
single-judge decision is called to panel on circulation, the application is assigned to
the same panel that decided the underlying matter, with Judges assigned as needed, in
the normal process.
(c) Bifurcated Applications.
In the interest of judicial efficiency, if some but not all issues in a
case have been disposed of and a judgment has been entered, a timely application pursuant to
28 U.S.C. § 2412 for attorney fees and expenses regarding those issues normally is held in
abeyance until all issues on appeal have been resolved and an application for attorney fees
and expenses for the remainder of the appeal is timely received or the time for such an
application has elapsed. This does not prevent the parties from settling the initial application
without judicial intervention.
(d) Finality.
Once final action has been taken on an application, judgment and mandate in
connection with the application are entered in accordance with the Court's
Rules of Practice
and Procedure
. This is done in addition to the judgment and mandate associated with
disposition of the merits of the case.
XIII. COURT GOVERNANCE, MANAGEMENT, AND LEADERSHIP
(a) Governing Principles.
Court governance policies, procedures and organizational
mechanisms provide a means for:
– fostering institutional cohesiveness
– establishing and maintaining communications channels
– defining decision-making authorities and processes for making decisions
– planning for and overseeing the effectiveness of Court programs and operations
– identifying institutional issues and problems, and recommending solutions
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