PURSUANT TO 28 U.S.C. § 2071, the Court of Appeals hereby provides notice of the adoption of Local Rules 27, 32, 35 and Internal Operating Procedure V. as follows:

1. Assent. Motions will not necessarily be allowed even though assented to.
2. Emergency Relief. Motions for stay, or other emergency relief, may be denied for failure to present promptly. Counsel who envisages a possible need for an emergency filing, or emergency action by the court, or both, during a period when the clerk's office is ordinarily closed should consult with the clerk's office at the earliest opportunity. Failure to consult with the clerk's office well in advance of the occasion may preclude such special arrangements.
3. Summary Disposition. At any time, on such notice as the court may order, on motion of appellee or sua sponte, the court may dismiss the appeal or other request for relief or affirm and enforce the judgment or order below if the court lacks jurisdiction, or if it shall clearly appear that no substantial question is presented. In case of obvious error the court may, similarly, reverse. Motions for such relief should be promptly filed when the occasion appears, and must be accompanied by four copies of a memorandum or brief.

1. General. In accordance with Fed. R. App. P. 27(d) (3), all motions must be accompanied by three copies and a proof of service showing the type of service that was made, i.e., by mail or by hand delivery. The date of service establishes the due date for filing the response per Fed. R. App. P. 27(b).
2. Processing. All motions must be filed with the clerk. The single-judge matters are transmitted to a single judge and the matters calling for three-judge action are transmitted to a three-judge panel. The motion judge and the motion panel duties are rotated among the active judges. All motions are decided without oral argument, unless the court orders otherwise. The motions are submitted to the court after the return times provided in the Fed. R. App. P. have run except for (1) routine procedural motions, which are usually processed forthwith, and (2) emergency motions, which may be handled on an expedited basis.
3. Emergencies. If counsel anticipates that a matter may arise requiring emergency action by the court outside of ordinary business hours, the court's local rules advise counsel to contact the clerk's office at the earliest opportunity to discuss the matter. Depending on the circumstances, the clerk's office, in consultation with the duty judge and the staff attorney's office, may make special arrangements for after hours filings and responses, issuance of orders after hours and similar matters.

1. Where a party is represented by counsel, one copy of its brief, petition for rehearing and, in addition, all other papers exceeding 10 pages in length must be submitted on a computer-readable disk. The disk shall be filed at the time the party's paper filing is made. The brief on disk must be accompanied by nine paper copies of the brief. The disk shall contain the entire brief exclusive of computer non-generated appendices. The label of the disk shall include the case name and docket number and identify the brief being filed (i.e. appellant's brief, appellee's brief, appellant's reply brief, etc.) and the file format utilized.
2. The brief, petition for rehearing and, in addition, all other papers exceeding 10 pages in length must be on a 3 ½" disk in either DOS WordPerfect or WordPerfect for Windows, 5.1 or greater.
3. One copy of the disk may be served on each party separately represented by counsel. If a party chooses to serve a copy of the disk, the certificate of service must indicate service of the brief, petition for rehearing and, in addition, all other papers exceeding 10 pages in length in both paper and electronic format.
4. A party may be relieved from filing and service under this rule by submitting a motion, within 14 days after the date of the notice establishing the party's initial briefing schedule, certifying that compliance with the rule would impose undue hardship, that the text of the brief, petition for rehearing and, in addition, all other papers exceeding 10 pages in length or other papers exceeding 10 pages in length is not available on disk, or that other unusual circumstances preclude compliance with this rule. The requirements of this rule shall not apply to parties appearing pro se. Briefs, petition for rehearing, and in addition, all other papers exceeding 10 pages in length or other papers exceeding 10 pages in length tendered by counsel after Jan.1, 1998, without a computer disk copy or court-approved waiver of the requirements of this rule may be rejected by the clerk's office.

1. Who May Vote; Composition of En Banc Court. The decision whether a case should be heard or reheard en banc is made solely by the circuit judges of this circuit who are in regular active service. For the purposes of determining a majority under 28 U.S.C. § 46(c) and Fed. R. App. P. 35(a), the term "majority" means more than one-half of all the judges of the court in regular active service, without regard to whether a judge is disqualified. See United States v. Leichter, 167 F.3d 667 (1st Cir. 1999) (order of court denying petition for rehearing en banc in United States v. Leichter, 160 F.3d 33 (1st Cir. 1998)). A court en banc consists solely of the circuit judges of this circuit in regular active service except that any senior circuit judge of this circuit shall be eligible to participate, at that judge's election, in the circumstances specified in 28 U.S.C. § 46(c).
2. Petitions for Panel Hearing or Rehearing En Banc. If a petitioner files a petition for panel rehearing and a petition for rehearing en banc addressed to the same decisions or order of the court, the two petitions must be combined into a single document and the document is subject to the 15-page limitation contained in Fed. R. App. P. 35 (b)(2), (3). However, the page limit may be enlarged on motion for good cause shown.
3. Sanctions. If a petition for rehearing or for rehearing en banc is found on its face to be wholly without merit, vexatious, multifarious or filed principally for delay, the court may tax a sum not exceeding $250 as additional costs, payable to the clerk of the court or the opposing party, as the court may direct. At the court's order, counsel may be required personally to pay all or any part of these costs.
4. Number of Copies. Pursuant to Fed. R. App. P. 35(d), 10 copies of a petition for a panel rehearing, rehearing en banc, or combined Fed. R. App. P. 35(b)(3) document must be filed with the clerk, including one copy on a computer generated disk. The disk must be filed regardless of page length but otherwise in accordance with Local Rule 32.

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