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That is a typo. This is how it works. They file a motion. Then pursuant to
FRAP 27
. (B) Request for affirmative relief. A response may include a motion for affirmative relief. The time to respond to the new motion, and to reply to that response, are governed by Rule 27(a)(3)(A) and (a)
You file a response with a separate motion for affirmative relief.
then and there is a option for this in ecf. You can ask to be assigned the same panel as another appeal pursuant to
Circuit Advisory Committee Note to Rule 34-1 to 34-3 (1) Appeals Raising the Same Issues. When other pending cases raise the same legal issues, the Court may advance or defer the hearing of an appeal so that related issues can be heard at the same time. The first panel to whom the issue is submitted has priority. Normally, other panels will enter orders vacating submission and advise counsel of the other pending case when it appears that the first panel's decision is likely to be dispositive of the issue.
that creates a docket entry in that appeal and triggers a right from the parties to that appeal to respond. Does that make sense?
Oh I see. Yeah, I don't think I've ever used that rule before. I haven't been hit with too many motions on appeal, other than motions to transmit exhibits and boring stuff like that (which I don't oppose). Definitely will keep that rule in mind.
TBH, I don't really care what panel I get as long as I get a favorable ruling. I guess if it's a case with a real novel issue, and I anticipate it being published, then I guess I'd try to steer it toward other similar cases. They should have an option to paper appellate judges, just like they have in superior court lol. Like just paper the whole panel.
