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. Effective Date
These Rules shall before effective and govern the course of all
appeals as of February 2, 1976. Upon appropriate showing of
hardship in cases pending at the time of adoption of these Rules
the court will grant such relief as may be warranted.
Rule 3. Name
The name of the court as provided by s. 211 of the Economic
Stabilization Act of 1970 as amended by The Economic
Stabilization Act Amendments of 1971, P.L. 92-210, 85 Stat.
748-750, is the "Temporary Emergency Court of Appeals of the
United States."
Rule 4. 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 5. Court Executive, Administrator, Deputy Clerks and
Supporting Personnel
The court may appoint an administrator who shall also be clerk
and who shall be subject to removal by the court. His official
station 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. s. 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 6. Composition of 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 the United States
courts of appeals in accordance with s. 211(b)(1) of P.L. 92-210.
Rule 7. 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.
Rule 8. Quorum
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.
Rule 9. Sessions
The court shall not hold formal terms. The court shall be deemed
always open.
Rule 10. Precedence
The Chief Judge shall have precedence and preside at any session
which he attends. Other judges shall have precedence and
president according to the seniority of their commissions as
judges of the United States.
Rule 11. Judicial Conference of TECA
There shall be held at such times and places as shall be
designated by the Chief Judge of TECA a conference of all TECA
judges for the purposes of considering the state of business of
the court and advising ways and means of improving the
administration of justice. The Chief Judge shall preside at the
Conference.
Rule 12. Office Hours
The clerk's office shall be open from 9:00 a.m. to 4:30 p.m. on
all business days.
Rule 13. 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 admissions in open court will not be
entertained.
(c) Attorneys can be admitted to argue on appeal pro hac vice.
(d) Suspension or disbarment shall be governed by Rule 46(b),
Federal Rules of Appellate Procedure.
Rule 14. 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, $100.00.
b) For every search of the records of the court and certifying
the results of the same, $15.00.
(c) For certifying any document or paper, whether the
certification is made directly on the document, or by separate
instrument, $5.00.
(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.
(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.
(Amended May 1, 1987.)
Rule 15. 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 s. 211 of the Economic
Stabilization Act as amended; or a motion for injunctive relief
as provided by s. 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. The appellant shall
submit sufficient copies of the notice of appeal for service by
the clerk of this court on all parties. [note TECA Rule 21, for
timely filing by mail.]
/* Usually the notice of appeal is filed with the lower Court. */
(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, and the district court
judge.
(c) The appellant shall submit with his notice of appeal a
statement which shall contain:
1) A mailing list with the names, addresses and telephone
numbers of all other counsel or Pro Se to the proceeding.
2) A brief description of the subject matter and issues of
the case, including the applicable regulations and statute under
which the appeal is made.
3) An indication if a party is proceeding in Forma Pauperis
and/or Pro Se.
4) An indication if an appeal has been taken in this case to
any other court of appeals.
5) Transcript information if one is to be provided [date
ordered, reporter's name, estimated pages].
(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 date of mailing.
(e) All parties in the court below shall be deemed parties
involved in the appeal, unless otherwise indicated by the
appellant in writing to the clerk of this court. The clerk shall
serve such notice on all parties for reply or rebuttal.
Rule 16. Question Certified by District Court -- Constitutional
Issues
(a) When a district court certifies to this court a question
involving a substantial constitutional issue, the certificate
shall contain a statement of the nature of the cause and of the
facts on which such issue arises. The certificate shall
constitute (be in lieu of) a notice of appeal.
(b) When a constitutional issue is certified by a district court
the clerk will upon receipt thereof from the district court
notify the plaintiff in the district court, who shall promptly
pay the docket fee, after which the case will be placed on the
docket. If the plaintiff fails to pay the fee within 7 days,
unless exempt or relieved from its payment, the proceeding will
be dismissed.
(c) After docketing, the certificate shall be submitted to the
Chief Judge for disposition pursuant to Rule 24 and s. 211(c) of
P.L. 92-210 for a preliminary examination to determine whether
the certificate will be dismissed, or whether other disposition
shall be made.
(d) The brief of the party who was plaintiff below shall be filed
within 20 days after the certificate has been filed in this
court.
(e) Briefs on the merits in proceedings on certificates shall
comply with Rule 21 herein.
Rule 17. Docketing the Appeal
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 a docket fee of $100.00.
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) 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.
(c) The clerk shall request that a certified copy of the docket
entries be transmitted within 20 days after the notice of appeal
is filed.
(d) 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. s. 1915 and 18 U.S.C. s.
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.
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. Disqualification of Judges
If, based upon any information available to him, counsel for any
party is of the opinion that any member of the panel of this
court to which his case is assigned is disqualified pursuant to
28 U.S.C. s. 455 (P.L. 93-512, 88 Stat. 1609, December 5, 1974),
he shall, prior to the calendaring of the case for oral argument,
advise the clerk in writing of the facts and circumstances
supporting such opinion.
Rule 21. 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(s) of each brief before
the table of contents or index, and which shall certify a full
and complete list of all parties; officers, directors, or
trustees of parties; and of all other persons, associations of
persons, firms, partnerships, corporations, or organizations
which have a financial interest in, or another interest which
could be substantially affected by, 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. It
shall be in form as follows:
[Number and Title of Case]
Certificate Required by TECA Rule 21(c):
The undersigned, Counsel of record for ___________, certifies
that the following is a full and complete list of the parties in
this action:
Name Identification & Relationship
The undersigned further certifies that the following is a full
and complete list of officers, directors, or trustees of the
above-identified parties:
Name Identification, Relationship and Interests
(d) A certificate will be furnished by counsel for all parties,
governmental and non-governmental, both appellants and appellees,
which shall be incorporated on the first page(s) of each brief
before the table of contents or index (and immediately following
the certificate required by Rule 21(c), if one be required), and
which shall certify a full and complete list of each person
acting as a lawyer in the proceeding.
The certificate shall be furnished in order that the judges of
this court may evaluate possible disqualification or recusal. It
shall be in form as follows:
Certificate Required by TECA Rule 21(d):
The undersigned, counsel of record for _______ certifies that the
following is a full and complete list of each person acting as a
lawyer in the proceeding:
Name Identification
(e) The appellant shall serve and file his brief within 20 days
after the date on which the notice of appeal is filed. The
appellee shall serve and file his brief within 15 days after
service of the brief of the appellant. The appellant may serve
and file a reply brief within 7 days after service of the brief
of the appellee, but, except for good cause shown, a reply brief
must be filed at least 3 days before argument.
/* Perhaps the shortest time period for filing a brief in
appellate courts. */
(f) Seven copies of briefs shall be filed, but the court may
require that additional copies be filed.
(g) Except by permission of the court or a division thereof,
principal briefs, including those of intervenors, shall not
exceed 25 pages, exclusive of pages containing the Certificate,
Table of Contents, Tables of Citations and any Addenda or
Appendices containing statutes, rules, regulations or exhibits.
(h) Motions for leave to file briefs in excess of 25 pages must
be filed at least 3 days in advance of the due date of the brief.
(i) Reply briefs shall not exceed 15 pages.
(j) Briefs shall contain the relevant parts of statutes,
treaties, regulations or rules involved. If lengthy, these may
be set out in an Addendum to the brief. Unpublished orders
including explanatory memoranda of this court are not to be cited
in briefs or memoranda of counsel as precedents.
(k) When pertinent and significant authorities come to the
attention of a party after his brief (or memorandum on a motion)
has been filed, or after oral argument but before decision, a
party shall, without obtaining special leave of court, supplement
his brief by letter to the clerk of this court, three (3) extra
copies to the clerk, and copy to adversary counsel, setting forth
the citations. There shall be a reference either to a page of
the brief or to a point orally argued to which the citations
pertain, but the letter shall contain no argument or
explanations.
Rule 22. 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 8 1/2 x 11 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 23. Filing, Mailing 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) Filing may be accomplished by mail addressed to the clerk,
but filing shall not be timely, unless the papers are received by
the clerk within the time fixed for filing, except that papers
shall be deemed filed on the day of mailing if the most
expeditious form of delivery by mail is utilized. Service by
mail is complete on mailing.
/* This is different that the general rules within federal
appeals that the briefs are deemed filed when mailed by first
class mail. */
(c) Papers presented for filing shall contain an acknowledgment
or 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 24. Docket Control
In the interest of docket control, the Chief Judge or another
judge or judges designated by him may from time to time review
pending cases for appropriate assignment or disposition under
Rules 25, 26, or 27 or any other Rules of this court.
Rule 25. Dismissal
(a) If upon the hearing of an interlocutory motion or as a result
of a review under Rule 24, it shall appear to the court, or a
division thereof, that the appeal is frivolous and entirely
without merit, the appeal will be dismissed.
(b) The court, sua sponte or on motion, may dismiss with
prejudice, for undue delay, any case in which there has been a
deliberate effort on the part of counsel to avoid prompt hearing
and disposition on the merits.
(c) The court also may dismiss sua sponte and summarily any
appeal of which the court's lack of jurisdiction clearly appears.
(d) When an appellant fails to comply with a requirement of the
Federal Rules of Appellate Procedure or the Rules of this court,
the clerk shall notify the appellant or his counsel that upon the
expiration of 7 days from the date thereof the appeal will be
dismissed for want of prosecution, unless prior to that date
appellant remedies the default. If the appellant fails to comply
within the 7 day period, the clerk shall then enter an order
dismissing the appeal for want of prosecution and shall issue a
certified copy thereof to the clerk of the district court as and
for the mandate. In no case shall the appellant be entitled to
remedy his default after dismissal under this rule, unless by
order of the Chief Judge.
Rule 26. Motion to Dismiss or Affirm
(a) Within a maximum of 10 days after the notice of appeal has
been filed in this court, the appellee may file a motion to
dismiss or a motion to affirm. Where appropriate, a motion to
affirm may be united in the alternative with a motion to dismiss.
The limitation of 10 days may be extended by the court, a
division thereof, or the Chief Judge on proper showing of
extraordinary reasons for delay in filing a motion to dismiss or
affirm, upon such terms and conditions as may be prescribed, or
such extension may be granted sua sponte.
(b) The motion to dismiss or affirm shall be filed with the clerk
in conformity with Rule 27 of the Federal Rules of Appellate
Procedure, except clause (d) thereof.
(c) The appellant shall have 7 days from the date of receipt of
the motion to dismiss or affirm within which to file a response
opposing the motion.
(d) The time for filing briefs pursuant to Rule 21 shall not be
tolled or extended by the filing of a motion to dismiss or
affirm.
/* The general rule is that motions do toll the time for further
actions. Again, this court is quite different. */
Rule 27. Calendars
(a) Whenever the Chief Judge concludes sua sponte, or on the
recommendation of a judge acting under Rule 24 or of the assigned
panel, that a case is so insubstantial as to justify only limited
oral argument or as to justify no oral argument he may direct the
clerk to place the case on a restricted oral argument calendar or
a summary calendar.
(b) The clerk shall give written notice to the parties or their
counsel of the transfer of a case to the summary or restricted
oral argument calendar.
(c) Motions for restoration to the argument calendar will not
ordinarily be entertained by the court.
Rule 28. Oral Argument
(a) Not more than two counsel shall be heard for each side in the
argument of a case, except by special leave of the court or a
division thereof, upon sufficient reason shown. Not more than one
counsel shall be heard for each side in cases placed on the
restricted oral argument calendar.
(b) Counsel in all cases scheduled for argument on the merits
shall be allotted 30 minutes to a side, except that only 15
minutes to a side shall be allotted to cases placed on the
restricted oral argument calendar and to motions scheduled for
argument.
(c) A motion or request for the allowance of additional time
pursuant to Rule 34(b), Federal Rules of Appellate Procedure,
shall be filed or made not later than 7 days after appellee's
brief has been filed.
Where two or more cases are consolidated they shall be considered
as one case for the allotment of time for argument.
(d) Counsel for the parties, including counsel for any
intervenor, on each side may agree on the appointment of the
side's time; otherwise the court will apportion it. Counsel for
an intervenor ordinarily shall be permitted to argue only to the
extent that counsel for the party on whose side he intervenes is
willing to share his allotted time. If the apportionment is
agreed upon, counsel who opens the argument on his side shall
announce the apportionment. The time so apportioned to each
party shall not be exceeded unless the court permits, in which
event the time apportioned to the other parties on that side will
not be reduced.
(e) A party who fails to file a brief shall not be heard at the
time of oral argument except by permission of the court.
(f) Amicus curiae will not be permitted to argue except on motion
in writing filed within the time allowed for filing the brief of
the appellee.
(g) Counsel may assume there will be no oral argument unless
advised by the clerk to appear at a time and place fixed by the
court.
Rule 29. Opinions and Rulings of the Court
(a) Opinions shall be filed in the Office of the Clerk who shall
promptly reproduce them and distribute one copy to each party.
(b) In accordance with recommendations for improvement of
judicial administration, this court may, while according full
consideration of the issues, dispense with opinions where the
issues occasion no need therefor, and confine its action to such
abbreviated disposition as it may deem appropriate, e.g.,
affirmance by order of a decision or judgment of a court or
administrative agency; a judgment, or affirmance or reversal,
containing a notation of precedents, or accompanied by a brief
memorandum.
(c) If the record in any case is remanded to a court or agency,
this court retains jurisdiction over the case.
If the case is remanded, this court does not retain jurisdiction,
and a new notice of appeal will be necessary if a party seeks
review of the remand proceedings.
Rule 30. En Banc Proceedings
(a) A majority of the judges of the court may order than 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 35(b), Federal Rules of Appellate
Procedure, who suggests the appropriateness of 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
TECA Rule 23 and 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 or stay the
issuance of the mandate.
(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.
(e) An original and eighteen copies of all en banc papers will be
filed with the court.
Rule 31. Mandate
The mandate of the court shall issue 21 days after the entry of
judgment unless the time is shortened or enlarged by order of a
judge or the court. The issuance and stay of mandates shall be
governed by Rules 35(c) and 41, Federal Rules of Appellate
Procedure.
Rule 32. Writ of Certiorari
Section 211(G) of the Economic Stabilization Act, as amended,
provides "Within 30 days after entry of any judgment or order by
the Temporary Emergency Court of Appeals, a petition for a writ
of certiorari may be filed in the Supreme Court of the United
States."
Rule 33. Motions
(a) Motions will ordinarily be considered on motion papers and
briefs filed with the clerk. An original and 6 copies of all
motions shall be filed, but a judge or the clerk may require
additional copies. No oral argument will be heard unless ordered
by the court, a division thereof, or a judge thereof. Motions
for oral argument will not be entertained.
(b) A motion for a stay of the judgment or order of a district
court pending appeal, pursuant to Rule 8(a), Federal Rules of
Appellate Procedure, or for approval of a supersedeas bond, or
for an order suspending, modifying, restoring, or granting an
injunction during the pendency of an appeal shall include a copy
of the judgment decision or order involved and the opinion
thereon, if any.
(c) If there is failure to comply with the provisions of
subdivision (b) of this Rule, the court will not consider the
motion in question until there is either full compliance, or a
satisfactory explanation of the failure so to comply.
(d) A motion is affirmatively opposed only when a document is
filed (within the time limitations of Rule 27, Federal Rules of
Appellate Procedure) which clearly sets forth opposition to the
relief sought in the motion with points and authorities
incorporated therein.
(e) The clerk is authorized in his discretion and subject to
review by the court to act for the court upon the following when
uncontested:
(1) Any motion for extension of time to file a pleading or
perform an act required by Rules 11, 12, 24, 27, 29 and 30,
Federal Rules of Appellate Procedure, and Rules 17, 19, 21, and
26 of these Rules.
(2) Motions to make corrections on briefs or pleadings.
(3) Motions to supplement or correct records or to incorporate
records on former appeals.
(4) Motions to consolidate appeals.
(5) Motions for leave to file briefs or petitions for rehearing
in excess of the number of pages usually permitted.
(6) Motions for leave to file amicus curiae briefs.
(7) Motions to substitute parties.
(8) Orders for the dismissal of an appeal under 42(b), Federal
Rules of Appellate Procedure or pursuant to an order of the court
or a judge.
(9) Order on mandate from the Supreme Court of the United States.
(10) Orders and judgments on decisions by the court on motions
and appeals. (See Rule 36 of the Federal Rules of Appellate
Procedure.)
(f) All correspondence directed to the court, a judge or the
clerk's office requesting any type of judicial action shall be in
the form of a motion unless otherwise provided.
APPENDICES
NOTICE OF APPEAL TO THE TEMPORARY EMERGENCY
COURT OF APPEALS FROM A JUDGMENT OR ORDER
OF A DISTRICT COURT
Temporary Emergency Court of Appeals of the United States
TECA Docket No.______________
(To be assigned)
District Court No.___________
A.B., Plaintiff
v.
C.D., Defendant
NOTICE OF APPEAL
Notice is hereby given that C.D., defendant above named, hereby
appeals to the Temporary Emergency Court of Appeals of the United
States [from the final judgment or order (describing it)] entered
in this action on the _____ day of __________, by Judge ________
in the District Court for the ________ District of __________,
19__.
(s)________________________________
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