Also known as: representation statements · representation
Written by attorneys · grounded in primary & secondary sources — see below
A filing required under the Federal Rules of Appellate Procedure by which the attorney who filed the notice of appeal names the parties that the attorney represents on appeal.
Rowan Russell filed a notice of appeal in federal district court after losing a contract dispute. Within the required period the attorney submitted a representation statement listing the exact parties represented on appeal so the circuit court could properly docket the case and send notices.
After the district court entered judgment in a patent case, both sides filed notices of appeal. Counsel for the appellee submitted a representation statement naming the two corporate defendants it represented so the clerk could route all filings correctly.
A class-action settlement prompted several objectors to appeal. Their attorney filed a representation statement within fourteen days that expressly identified each of the twelve objectors the attorney represented on appeal.
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Midway through appellate briefing an additional plaintiff decided to join the appeal. Counsel promptly filed an amended representation statement updating the list of represented parties to include the new appellant.
After losing a civil-rights suit the defendant appealed pro se. The notice of appeal was accompanied by a representation statement in which the appellant stated that no attorney represented any party on appeal.
The United States appealed an adverse discovery order in a criminal case. The Assistant U.S. Attorney filed a representation statement listing the government and the two federal agencies whose records were at issue.
The attorney who filed the notice of appeal must file the representation statement within 14 days unless the court of appeals sets a different time. The statement names the parties the attorney represents on appeal.
Supporting sources
Only the attorney who filed the notice of appeal must file the representation statement. The filing identifies every party that counsel represents on appeal.
The clerk may be unable to determine which parties are before the court of appeals and may delay docketing or sending notices until the statement is supplied.
Yes. If additional parties join the appeal or counsel's representation changes, an amended representation statement may be filed to update the list of represented parties.
A pro se appellant may file a representation statement stating that no attorney represents any party, satisfying the rule's disclosure requirement.
…on Federal Death Penalty Cases, Federal Death Penalty Cases: Recommendations Concerning the Cost and Quality of Defense Representation 9-10 (May 1998). And, despite the absence of jury determinations, they have found those proceedings fair as long as the convicted offender has the opportunity to contest a claimed fact…