APPENDIX TO RULES. FORMS FOR NOTICES OF APPEAL. 1. The forms of notices of appeal contained herein are intended for illustration only, to show what is sufficient under Rule 10. 2. The caption in each instance should be that of the cause being appealed, as it stood in the court in which the notice of appeal is to be filed under Rule 10 (3). Details of form should comply with the rules and practice of that court. 3. The form and manner of signature of the notice of appeal should likewise comply with the rules of the court in which the notice is to be filed. 4. Any form of service authorized by Rule 33 (1) may be employed, and proof of service may be made by any of the means authorized by Rule 33 (3). FORM 1. NOTICE OF APPEAL FROM FEDERAL COURT, CIVIL CASE.1 UNITED STATES OF AMERICA, CIVIL ACTION No. ....2 INTERSTATE COMMERCE COM MISSION, D. E. F. R. R. Co., ET AL., DEFENDANTS. NOTICE OF APPEAL TO THE SUPREME COURT OF THE UNITED STATES. I. Notice is hereby given that A. B. C. CORP., the plaintiff above named, hereby appeals to the Supreme Court of the United States from the (final order dismissing the complaint),3 entered in this action on 19.... This appeal is taken pursuant to 28 U. S. C. § 1253.* II. The clerk will please prepare a transcript of the record in this cause, for transmission to the Clerk of the Supreme Court of the United States, and include in said transcript the following: (Here list each of the items to be included in the transcript of record.) III. The following questions are presented by this appeal: (Here list the questions presented, formulated as prescribed by Rule 10 (2)).5 [Signed] Attorney for A. B. C. Corp. Address 6 PROOF OF SERVICE." I. one of the attorneys for A. B. C. CORP., appellant herein, and a member of the Bar of the Supreme Court of the United States, hereby certify that, on the .... day of 19. ., I served 8 copies of the foregoing Notice of Appeal to the Supreme Court of the United States on the several parties thereto, as follows: 1. On the United States, by leaving a copy thereof at the office of .... Attorney for the at Room ......... Esq., United States District of Federal Building, .... ,9 and by mailing a copy in a duly addressed envelope, with air mail postage prepaid," to The Solicitor General, Department of Justice, Washington 25, D. C.10 2. On the Interstate Commerce Commission, by mailing a copy, in a duly addressed envelope, with air mail postage prepaid," to .... ., Esq., its Chief Counsel, at the offices of the Commission, Washington 25, D. C.12 3. On D. E. F. R. R. Co., G. H. RY. Co., intervening defendants, by mailing copies in duly addressed envelopes, with first-class postage prepaid, to their respective attorneys of record, as follows: To Co., (address); Esq., Attorney for D. E. F. R. R. Esq., Attorney for G. H. RY. Co., To ..... (address); (list each party or attorney served). [Signed] Attorney for A. B. C. Corp. Address NOTES TO FORM 1. 1 This presupposes a civil action pursuant to 28 U. S. C. §§ 23212325 to set aside an order of the Interstate Commerce Commission. 2 Since this is accordingly a civil action in a federal court, the form of the caption is governed by the Federal Rules of Civil Procedure, subject to such modification as may be required by local rules and practice. 3 Describe order or judgment as indicated in Form 27, F. R. Civ. P. This is the statutory provision authorizing the appeal in the case supposed; for other classes of cases, appropriate change in statutory reference must be made. 5 Note that the substance of the questions presented may not be altered afterwards. Rule 15 (1) (c) (2); Rule 40 (1) (d) (2). The form of signature on the facts supposed is governed by the Federal Rules of Civil Procedure, subject to such modification as may be required by local rules and practice. "Proof of service may be made by indorsement on the document served, or by separate instrument, or by a combination of both; see Rule 33 (3). 8 Only a member of the Bar of the Supreme Court may certify to service. Rule 33 (3)(b). Service effected by any person not a member of the Bar of the Supreme Court must be proved by affidavit. Rule 33 (3)(c). Service may be effected by leaving a copy at the office of counsel. Rule 33 (1). And, where the United States is a party, the notice of appeal must be served on an attorney of record who represented the United States in the court whose judgment is sought to be reviewed. Rule 33 (2). 10 If the United States is a party, service must likewise be made on the Solicitor General. Rule 33 (2). 11 This presupposes a U. S. District Court 500 miles or more from Washington, hence air mail postage is required. Rule 33 (1). 12 Since the Interstate Commerce Commission is an agency authorized by law to appear in its own behalf, it must also be served. Rule 33 (2). 13 This presupposes that counsel for the non-government defendants are less than 500 miles distant from the person effecting service, hence ordinary first class postage suffices. Rule 33 (1). FORM 2. NOTICE OF APPEAL FROM STATE COURT, NOTICE OF APPEAL TO THE SUPREME COURT OF THE UNITED STATES. I. Notice is hereby given that A. B. C., the appellant above named, hereby appeals to the Supreme Court of the United States from the final judgment of ..... (affirming, dismissing, etc.) entered in this action on 19... 3 6 This appeal is taken pursuant to 28 U. S. C. § .... II. The clerk will please prepare a transcript of the record in this cause, for transmission to the Clerk of the Supreme Court of the United States, and include in said transcript the following: (Here list the items to be included in the transcript of record.) III. The following questions are presented by this appeal: (Here list the questions presented, formulated as prescribed by Rule 10 (2)).o [Signed] Attorney for A. B. C., Appellant. 7 |