In any case being handled in the district court by a United States Attorney as lead counsel in which the decision is adverse to the government in whole or in part, and is or may be reviewable, the United States Attorney must as soon as reasonably practical make a report electronically to the appellate section of the appropriate division after consulting with that division on the time needed to produce that report. The report should be in the following format:

CASE HEADING: Case name, court number, district (or circuit), and date of decision.

TIME LIMIT: State when time expires for seeking the appropriate review.

RECOMMENDATION: State whether the United States Attorney recommends for or against review, the type of review sought, i.e., appeal, mandamus, rehearing, or certiorari, and the name of the court to which the review should go. In civil cases, any known interested agencies affected by, or participating in, the case should be noted.

QUESTIONS PRESENTED: A brief statement of the issues presented for review.

STATEMENT: Summarize as briefly as practicable the facts necessary for resolution of the question presented.

DISCUSSION: State the arguments for and against seeking review and provide citations of relevant authorities. Also, note any problems with the recommended position, flagging all issues relevant to the Solicitor General's decision whether to authorize review. Attach any documents necessary to analysis of the relevant issues, including copies of opinions, findings of fact, conclusions of law, judgments, briefs and memoranda. In general, transcripts of testimony should not be specially ordered for this purpose, unless of central importance or requested by the appropriate division or the Solicitor General. The United States Attorney should indicate his/her preference, if any, as to who should handle the appeal. See JM 2-3.100See JM 2-3.100.

Please note the jurisdictional time limits of JM 2-4.000

[updated July 2018]