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Title VII · General Provisions

Rule 48. Masters

Version effective 2014

(a) Appointment; Powers. A court of appeals may appoint a special master to hold hearings, if necessary, and to recommend factual findings and disposition in matters ancillary to proceedings in the court. Unless the order referring a matter to a master specifies or limits the master’s powers, those powers include, but are not limited to, the following:

(1) regulating all aspects of a hearing;

(2) taking all appropriate action for the efficient performance of the master’s duties under the order;

(3) requiring the production of evidence on all matters embraced in the reference; and

(4) administering oaths and examining witnesses and parties.

(b) Compensation. If the master is not a judge or court employee, the court must determine the master’s compensation and whether the cost is to be charged to any party.

(As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998.)

Appended Forms

(49) Form 1. Notice of Appeal to a Court of Appeals From a Judgment or Order of a District Court United States District Court for the __________________________ District of __________________________ File Number __________________________ A.B., Plaintiff v. Notice of Appeal C.D., Defendant Notice is hereby given that lll (here name all parties taking the appeal) lll , (plaintiffs) (defendants) in the above named case,* hereby appeal to the United States Court of Appeals for the lll Circuit (from the final judgment) (from an order (describing it)) entered in this action on the ll day of __________________________ , 20 l . (s) __________________________ Attorney for __________________________ Address: __________________________ * See Rule 3(c) for permissible ways of identifying appellants. (As amended Apr. 22, 1993, eff. Dec. 1, 1993; Mar. 27, 2003, eff. Dec. 1, 2003.) Form 2. Notice of Appeal to a Court of Appeals From a Decision of the United States Tax Court UNITED STATES TAX COURT Washington, D.C. Notice of Appeal Notice is hereby given that lll (here name all parties taking the appeal) * lll hereby appeal to the United States Court of Ap- peals for the lll Circuit from (that part of) the decision of this court entered in the above captioned proceeding on the llll day of __________________________ , 20 l (relating to __________________________ ). (s) __________________________ Counsel for __________________________ Address: __________________________ * See Rule 3(c) for permissible ways of identifying appellants. (As amended Apr. 22, 1993, eff. Dec. 1, 1993; Mar. 27, 2003, eff. Dec. 1, 2003.) Form 3 Form 3. Petition for Review of Order of an Agency, Board, Commis- sion or Officer United States Court of Appeals for the __________________________ Circuit A.B., Petitioner v. Petition for Review XYZ Commission, Respondent lll (here name all parties bringing the petition) * lll hereby petition the court for review of the Order of the XYZ Commission (describe the order) entered on __________________________ , 20 l . (s) __________________________ , Attorney for Petitioners Address: __________________________ * See Rule 15. (As amended Apr. 22, 1993, eff. Dec. 1, 1993; Mar. 27, 2003, eff. Dec. 1, 2003.) Form 4 Form 4. Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis UNITED STATES DISTRICT COURT for the < _______ > DISTRICT OF < _______ > <Name(s) ofplaintitT(s», Plaintiff(s) v. <Name(s} of defelldant(s}>, Defendanl( s) ) ) ) ) ) ) Case No. ) ) ) ) AFFIDAVIT ACCOMP Al’<‘YING MOTION FOR PERMISSION TO APPEAL IN FORMA PAUPERIS Affidavit in Support of Motion I swear or affirm under penalty of peljury that, because of my poverty, I cannot prepay the docket fees of my appeal or post a bond for them. I believe I am entitled to redress. I swear or affirm under penalty of perjury under United States laws that my answers on this form are true and COiTect. (28 U.S.C. § 1746; 18 U.s.C. § 1621.) Signed: My issues on appeal are: Instructions Complete all questions in this application and then sign it. Do not leave any blanks: if the answer to a question is “0,” “none,” or “not applicable (N/A),” write in that response. If you need more space to answer a question or to explain your answer, attach a separate sheet of paper identified with your name, your case’s docket number, and the question number. Date: 1. For both and your spouse estimate the average amount of money received from each of the following sources during the past 12 momhs. Adjust any amount thaI was received wl/ek/y, biweekly, quarterly, semiannually, or annually to show the mOllthly rate. Use gross amoullts, that is, amounts before any deductions for taxes or othelWise,. Form 4 Income sourCe Average monthly Amount expected next amount during the past month 12 months You Spouse You Spouse Employment $ $ $ $ Self-employment $ $ $ $ Income from real property (such as $ $ $ $ rental income) Interest and dividends $ $ $ $ Gifts $ $ $ $ Alimony $ $ $ $ Child support $ $ $ $ Retirement (such as socia! security, $ $ $ $ pensions, annuities, insurance) Disability (such as social security, $ $ $ $ insurance payments) Unemployment payments $ $ $ $ Public-assistance (such as welfare) $ $ $ $ Other (specify): $ $ $ $ Total monthly income: $ $ $ $ 2, List your employment histmy for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of employment Gross montblypay $ $ $ Form 4 3. List YOllr spollse’s employment history for the past two years. most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of employment Gross monthly pay $ $ $ 4. How milch cash do you and your spouse have? $ ___ _ Below. state any money you or YOllr spouse have in bank accounts or in any aliter financial institution. Financial Institution Type of Account Amount you have Amount your spouse has $ $ $ $ $ $ [fyou are aprisonerseeking to appeal a judgment in a civil action or proceeding, you must attach a statemeflt certified by the appropriate institutional officer showing al/ receipts, expel/dilures, al/d balances during the IllS! six mOl/fhs ill your intuitullollat accounts. If you have Inllitiple aCCoullts, perhaps because YOII have been in multiple iliStill/tiollS, attach aile certified Ialement of each aCCOUllt. 5. List the assets, and their vailles, which YOIl or your spollse owns. Do not list clothing and ordinary household jitrnishings. Home Other real estate Motor vehicle #1 (Value) $ (Value) $ (Value) $ Make and year: Model: Registration #: Form 4 Motor vehicle #2 Other assets Other assets (Value) $ (Value) $ (Value) $ Make and year: Model: Registration #: 6. State evelY perSall, business, or organization owing you or your spollse money, and the amount owed. Person owing you or your spouse Amount owed to you Amount owed to your money spouse $ $ $ $ $ $ $ $ 7. Stale the persons who rely on YOll or your spollse/or support. Name lor, if under 18, initials only] Relationship Age 8. Estimate the average monthly e.”q)enses 0/ you and your/ami/yo Show separately the amollnts paid by YOllr spollse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually. or annually to show the monthly rale. You Your Spouse Rent or home-mortgage payment (include lot rented for mobile $ $ home) Are real estate taxes included? [1 Yes [] No Is property insurance included? {] Yes []No Form 4 Utilities (electricity, heating fuel, water, sewer, and telephone) $ $ Home maintenance (repairs and upkeep) $ $ Food $ $ Clothing $ $ Laundry and dry-cleaning $ $ Medical and dental expenses $ $ Transportation (not including motor vehicle payments) $ $ Recreation, entertainment, newspapers, magazines, etc. $ $ Insurance (not deducted from wages included in mQrtgage payments) Homeowner’s or renter’s: $ $ Life: $ $ Health: $ $ Motor vehicle: $ $ Other: $ $ Taxes (not deducted from wages or included in mortgage $ $ payments) (specify); Installment payments Motor Vehicle: $ $ Credit card (name): $ $ Department store (name): $ $ Other: $ $ Alimony, maintenance, and support paid to others $ $ Regular expenses for operation of business, profession, or farm $ $ (attach detailed statement) Other (specify): $ $ Total monthly expenses: $ $ Form 4 (As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 16, 2013, eff. Dec. 1, 2013.) Form 5 Form 5. Notice of Appeal to a Court of Appeals from a Judgment or Order of a District Court or a Bankruptcy Appellate Panel Notice of Appeal to United States Court of Appeals for the __________________________ Circuit __________________________ , the plaintiff [or defendant or other party] ap- peals to the United States Court of Appeals for the __________________________ Circuit from the final judgment [or order or decree] of the district court for the district of __________________________ [or bankruptcy appellate panel of the __________________________ circuit], entered in this case on __________________________ , 20 ll [here describe the judgment, order, or decree] __________________________ The parties to the judgment [or order or decree] appealed from and the names and addresses of their respective attorneys are as follows: Dated __________________________ Signed __________________________ Attorney for Appellant Address: __________________________ __________________________ (As added Apr. 25, 1989, eff. Dec. 1, 1989; amended Mar. 27, 2003, eff. Dec. 1, 2003.) Form 6 Form 6. Certificate of Compliance With Rule 32(a) (As added Apr. 29, 2002, eff. Dec. 1, 2002.) Æ Form 6. Certificate of Compliance With Rule 32(a) Certificate of Compliance With Type·Volwne Limitation, . Typeface Requirements, and Type Style Requirements 1. This brief complies with the type-volume limitation of Fed. R. App. P. 32(a)(7)(B) because: o this brief contains [state the number on words, excluding the parts of the brief exempted by Fed. R. App. P. 32(a)(7)(B)(iii), or o this brief uses a monospaced typeface and contains [state the number on lines of text, excluding the parts of the brief exempted by Fed. R. App. P. 32(a)(7)(B)(iii). 2. This brief complies with the typeface requirements of Fed. R. App. P. 32(a)(5) and the type style requirements of Fed. R. App. P. 32(a)(6) because: o this brief bas been prepared in a proportionally spaced typeface using [state name and version of word processing program] in [state font size and name of type style], or o this brief has been prepared in a monospaced typeface using [state name and version of word processing program] with [state number of characters per inch and name of type style). Attorney for __________ _ Dated: _-’— ____ _