NTSB - Appeal Processing Tips



Case Processing Tips and Other Pertinent Information Regarding Appeals

Please Read Carefully...

1. Copies of Documents: Initial appeals or petitions regarding an FAA action are to be mailed to:

The current Rules of Practice require an original and three copies of initial appeals of FAA orders and Petitions for Review. Please file an original and one copy of all other documents (motions & discovery, for example).

Please include the FAA's Case Number on the Notice of Appeal only. Also, please indicate if the appeal is from an EMERGENCY order. Once you receive an NTSB Docket Number, please use only that number on all documents.

2. Assignment of Case to a Judge: When a Judge has been assigned to a case, all documents MUST list the Judge's name on the first page of the document, preferably under our docket number and must be mailed directly to the Judge. Please DO NOT send any documents (except EAJA Appplications) or any copies of documents to Case Manager if a case has been assigned to a judge, even if the judge is Geraghty or Mullins. If you are filing a document for a case that has not been assigned, file the document with "unassigned" under our docket number and mail to Case Manager.

3. Subpoenas: Regular subpoenas just requiring a person to appear at a hearing or a regular subpoena for deposition may be requested by telephone directly with Karen Yates at 202-314-6156. However, subpoenas requiring person to appear at a hearing or deposition AND bring documents (Subpoena Duces Tecum), must be requested in writing and faxed or maild (depending on how soon the hearing is scheduled) to the judge assigned to the case and the other side using the same method of service/mail. Please indicate the person you wish to subpoena, their address, and each document you want them to bring to the hearing or deposition. No Subpoena Duces Tecum will be issued based solely on a telephone call. If you need a subpoena for Judges Geraghty or Mullins you must contact their Paralegal Specialist, Anne Smith at 817-652-7860 directly. Lastly, please refer to Sections 821.19, 821.20, and 821.9.

4. Appeals from Judges Decisions: An original and three (four total) copies must be filed with the Judge's Office, Room 5531; HOWEVER, briefs (original + three) and/or motions (original + three) file AFTER the appeal MUST be filed directly with the NTSB, General Counsel's Office, Room 6401, Washington, DC 20594.

NOTE: After your appeal from a Judge's decision is received by the office of judges and forwarded to the general counsel's (GC) office, contact that office directly at 202-314-6080 regarding pending appeals at the full board level, briefs, extensions of time, etc. Also, the general counsel's fax number is 202-314-6090.

5. Petitions filed in the U.S. Court of Appeals: A copy of the Petition for Review filed in the U.S. Court of Appeals MUST also be served upon the Office of Judges, Room 5531. Ms. Karen Yates 202-314-6156 prepares the certificate of record on all safety enforcement court cases and needs to be immediately informed when a petition from a Board Order has been filed with the Courts. You may contact this office for general guidelines regarding petitions filed in the U.S. Court of Appeals.

6. Motions for Continuance of Hearing Date: Must be in writing and faxed or mailed to the Judge assigned to the case. Further, the date of the hearing for which the continuance is requested should be on the face of the document. Motions for Continuances, when possible, should be served by fax - not mailed.

7. Applications for fees pursuant to the Equal Access to Justice Act: An original + three copies of the application must be filed with the Case Manager and the other party only - please do not serve the judge a courtesy copy. You must include the judge's name (who heard the case) under the docket number and the docket number should read, for example: ___-EAJA-SE-12345. The Case Manager will assign an EAJA number and a judge's formal assignment sheet will be prepared advising parties to send all future documents directly to the judge assigned; do not send the Office of Judges copies of documents after the EAJA application has been formally assigned to a judge. Contact the Office of Judges for Part 826 of our Rules of Practice for filing EAJA Applications.

8. The Office of Judges (ALJ) Headquarters Official Hours: 8:30 a.m. to 5:00 p.m. Eastern Time, Monday through Friday.

Revised November 1997