Disclosure Statements
A disclosure statement gives the court information to determine whether a judge might be disqualified from participating in a case.
You must use Form 34 for your disclosure statement.
Who Must File
You must file a Form 34 Disclosure Statement if:
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You represent a non-governmental corporation, association, joint venture, partnership, limited liability company, or similar entity;
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You are the debtor, the trustee, or, if neither is a party, the appellant in a bankruptcy case, even if pro se;
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You represent the government in a criminal case involving an organizational victim; or
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Your case involves a review of state court proceedings.
These rules apply to parties, amici, and intervenors.
When to File
Initial Disclosures
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Parties: file Form 34 within 14 days after the case is opened, or with your first motion in the case if filed fewer than 14 days after the case is opened.
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Prospective intervenors or amici curiae: file Form 34 with your first pleading in the case.
Supplemental Disclosures
File a supplemental Form 34 any time you learn of any changes or additions to your initial (or last supplemented) disclosure statement, for as long as the case is pending in this court.
What to Disclose
Non-governmental corporation, association, joint venture, partnership, limited liability company, or similar entity
If you represent a non-governmental corporation, association, joint venture, partnership, limited liability company, or similar entity appearing as a party, intervenor, or amicus curiae in any case, you must disclose:
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any parent company; and
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any publicly held company with a 10% or greater ownership interest (e.g. stock or partnership shares) in the entity.
Parent companies include all companies that control the entity directly or indirectly through intermediaries.
Identify a corporate entity by its full corporate name as registered with a secretary of state’s office and, if its stock is publicly listed, its stock symbol or “ticker.”
Bankruptcy case
In a bankruptcy case, if you are the debtor, the trustee, or, if neither is a party, the appellant, you must disclose:
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each debtor not named in the caption; and
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for each debtor that is a corporate entity (see section above), any parent company and any publicly held company with a 10% or greater ownership interest (e.g. stock or partnership shares) in the entity.
Criminal case involving an organizational victim
In a criminal case, counsel for the government must disclose any organizational victim of the alleged criminal activity, and if the organizational victim is a corporate entity, any parent company and any publicly held company with a 10% or greater ownership interest (e.g. stock or partnership shares) in the entity.
Case involving a review of state court proceedings
If any judge on this court participated at any stage of the case—either in the district court, in administrative proceedings, or in related state court proceedings—provide the name of the judge, and the case number and name of the related proceedings.
How to E-File a Disclosure Statement
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Parties: File Form 34 using the “Disclosure Statement (CR 26.1-1)” filing type.
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Prospective intervenors: When you file your motion to intervene, attach Form 34 to the motion’s filing transaction in a separate PDF file from the motion.
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Amici or prospective amici: When you submit your first pleading in the case, attach Form 34 to the filing transaction in a separate PDF file from the brief or motion.
Do not include a disclosure statement inside your brief.
Relevant Rules
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Federal Rule of Appellate Procedure 26.1 and Circuit Rule 26.1-1 (PDF) explain the rules for Disclosure Statements.