Legal Question in Appeals and Writs in District of Columbia

Court of Appeals for the Federal Circuit three judge panel selection

Hi

I am in search of information regarding the procedure governing the selection of three judge panels on CAFC Writ of Mandamus interlocutory appeal proceedings.

a) When a party submits a Petition to the CAFC for Writ of Mandamus a three judge panel is assigned, what is the mechanism for this assignment?

b) Is the three judge panel composition decided after all the procedural elements are finalized? (excepting the Writ, allowing opposition reply etc)

c) Is the panel judge composition privileged information? And if not where can that information be ascertained?

d) Is there continuity of the panel judge composition if a Writ of Mandamus is asking for relief that directly relates to a previous CAFC remand judgment? Or to say it differently, can the same judges of an original CAFC appeal panel be expected to reside on an interlocutory appeal mandamus if it is directly related to the original panel ruling?

I am grateful for any legal help you may offer on this very specific and obscure issue and will also much appreciate directions for any further reading on this topic.

Thanks in advance


Asked on 9/15/04, 9:24 am

1 Answer from Attorneys
Alan Albin Alan S. Albin, Attorney at Law

Re: Court of Appeals for the Federal Circuit three judge panel selection

This is a highly technical series of very specific legal questions, and I will assume you have an actual case pending before the CAFC. The only prudent advice would be to tell you to obtain counsel immediately to assist you with your appeal.

In general, there are several steps you could take to get started. You could review the local rules for the CAFC; you could contact the clerk's office and see if they can provide you with further information or guidance; you could try your local law library's reference section and see if someone can help you do the necessary legal research there.

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Answered on 9/15/04, 11:36 am


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