[lemma=event] [tag=POS] [lemma=s] | [lemma=he | □]
[lemma=event] [tag=POS] [lemma=s] | [lemma=he | □=□]
[lemma=event] [tag=POS] [lemma=s] | [lemma=he | !□]
In light of the change made in subdivision ( a ) which states that a clerk may not refuse to accept for filing a document because it is not in the proper form , there is no further need for a provision stating that a clerk may accept a paper lacking a proof of service . In practice , after the clerk of the court of appeals receives the record from the clerk of the district court he notifies the appellant of its receipt and requests payment of the fee . Now , surgically healed , but fearing re-injury , he returned to work where he continued to have problems with hyper-sensitivity and limited range of motion in his dominant hand . In most instances , a writ of mandamus or prohibition is not actually directed to a judge in any more personal way than is an order reversing a court 's judgment . He is a board-certified orthopaedic surgeon . After medical school , he completed his orthopaedic surgery residency and a research fellowship in biomechanics at Harvard University and Massachusetts General Hospital in Boston . The finding must be that the movant did not receive notice " from the district court or any party within 21 days after entry . The summary procedure ordained by the rule is intended to apply to all appeals from orders respecting release , and it would appear that at least some orders not made appealable by 18 U.S.C . 3148 and to allocate to the defendant the burden of establishing that he will not flee and that he poses no danger to any other person or to the community . The Committee deliberately omitted from the rule any provision governing the validity of a notice of appeal filed prior to the entry of an order denying a rehearing ; the Committee intended to leave undisturbed the current state of the law on that issue . A petition for review of an agency decision is the first filing in any court and , therefore , is analogous to a complaint in which all parties must be named . No good reason appears for a difference between the civil and criminal rule in this regard , and subdivision ( d ) limits the power of the district court to extend the time for transmitting the record in all cases to 90 days from the date of filing the notice of appeal , just as its power is now limited with respect to docketing and filing in civil cases . To provide some assistance in this training sequence , the PhRMA Foundation program aims at supporting promising students during their thesis research . No substantive change is intended other than to add a motion for judgment of acquittal under Criminal Rule 29 to the list of tolling motions . 1746 or by a notarized statement , either of which must set forth the date of deposit and state that first-class postage has been prepaid . Paragraph ( 6 ) permits a district court to reopen the time for appeal if a party has not received notice of the entry of judgment and no party would be prejudiced by the reopening . There appears to be no reason why matters relating to supersedeas and cost bonds should not be initially presented to the district court whenever they arise prior to the disposition of the appeal . Rule 10 ( b ) is made subject to local rules of the courts of appeals in recognition of the practice in some circuits in some classes of cases , e. g ., appeals by indigents in criminal cases after a short trial , of ordering immediate preparation of a complete transcript , thus making compliance with the rule unnecessary . The rule allows a court of appeals to require the filing of the representation statement at some time other than specified in the rule so that if a court of appeals requires a docketing statement or appearance form the representation statement may be combined with it . See United States v. P. 35 ( c ) , which authorizes a sentencing court to correct any arithmetical , technical , or other clear errors in sentencing within 7 days after imposing the sentence .