JM 2-2.330
Whenever any other party asks that a district court certify an issue for a Section 1292(b) interlocutory appeal, the United States Attorney should promptly notify the head of the Appellate Section of the appropriate division, and consult with that official concerning whether to oppose or acquiesce in opposing counsel's request. The head of the relevant Appellate Section should also be notified electronically where the district court, sua sponte, certifies an order for interlocutory review. If the United States Attorney receives service of a petition for interlocutory appeal, the United States Attorney should immediately forward it to the appellate section of the appropriate division.
[updated July 2018]