Federal Appellate Practice, Third Edition


Federal Appellate Practice, Third Edition discusses applicable provisions of the Federal Rules of Appellate Procedure, jurisdictional and procedural statutes, practice tips and techniques, important case rulings, and unusual local circuit rules and internal operating procedures.

The Third Edition addresses significant amendments to both the Federal Rules of Appellate Procedure and the local rules of various circuits, as well as developments in appellate practice. Additionally, it incorporates an enormous volume of opinions since the second edition was released, addressing topics covered in virtually every chapter. It also updates the state of the law and captures many of the comments made in appellate decisions, including in unpublished orders, reflecting the views of particular circuits or judges about what works, and what does not, in handling appeals.

This valuable resource goes deeper than purely legal treatises that only collect cases and discuss “the holding.” The treatise draws upon the experience of more than a dozen partners and counsel in Mayer Brown’s Supreme Court and Appellate Practice Group to provide commentary on the most effective ways to handle each step of the process, explaining pitfalls, techniques, and opportunities that may not be apparent from merely reading the technical rules.

Organized to reflect the various successive stages in handling a federal appeal, the Third Edition discusses:

  • Necessary steps in the district court to preserve issues for appeal
  • Problems of appealability—and solutions
  • Mechanics of preparing the record and appendix
  • Motion practice before the court of appeals
  • Availability of extraordinary writs
  • Particular strategies for opening, responsive, and reply briefs
  • Role and structure of amicus curiae briefs
  • Preparing and delivering oral arguments
  • Seeking or opposing costs and attorney’s fees
  • Seeking rehearing
  • Considering Supreme Court review
  • Principles and modern techniques for effective appellate brief writing

The Third Edition also covers special issues involving review of administrative agency decisions, criminal appeals and practice before the Federal Circuit.


  • Preserving Issues for Appeal

  • Appellate Jurisdiction

  • Motions

  • Discretionary Interlocutory Appeals and Mandamus

  • Review of Administrative Agency Decisions

  • The Record on Appeal and the Appendix

  • Effective Brief Writing

  • The Opening and Response Briefs

  • Reply, Supplemental, and Amicus Curiae Brief

  • Oral Argument

  • Rehearing

  • Costs and Attorneys’ Fees

  • Criminal Appeals

  • The Federal Circuit

  • Considering Supreme Court Review

  • Appendices

  • Index

  • Table of Cases

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About the Editor-in-Chief

Brian D. Netter is a partner in Mayer Brown LLP’s Supreme Court and appellate practice in Washington, D.C. He also co-chairs the firm’s ERISA litigation practice and serves as Hiring Partner of the firm’s Washington, D.C. office. He is a graduate of the University of Michigan’s College of Engineering and Yale Law School. He clerked for Judge Judith W. Rogers of the U.S. Court of Appeals for the D.C. Circuit and Stephen G. Breyer of the Supreme Court. 


Main Volume Information

2018/1,148 pp. Hardcover/ISBN 978-1-68267-456-7/Order #3456



“If they have space for just one treatise to guide their practice, appellate lawyers, both federal and state, would be well advised to keep Mayer Brown’s Federal Appellate Practice…at their fingertips for frequent reference in every appeal they handle. No appellate library should be without it.”

- Judge Kathryn A. Oberly

District of Columbia Court of Appeals, on the Second Edition


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