--- name: certificate-of-interested-persons title: Certificate of Interested Persons description: Drafts a FRAP 26.1-compliant Certificate of Interested Persons identifying all parties, entities, and affiliates with financial or legal interests in a federal appeal. Adapts to circuit-specific local rules. Use when filing appeals, corporate disclosure statements, or conflict-of-interest certificates in U.S. Courts of Appeals. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/certificate-of-interested-persons license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: litigation language: en tags: [drafting, pleading] --- # Certificate of Interested Persons Discloses all persons and entities with a financial or legal interest in the outcome of a federal appeal per FRAP 26.1 and circuit local rules. ## Prerequisites 1. **Case caption** — appellate case number, full party names as on the notice of appeal 2. **Lower court filings** — complaints, answers, corporate disclosure statements, settlement agreements 3. **Corporate structure** — ownership charts, parent/subsidiary relationships, merger/acquisition records 4. **Representation details** — all law firms and attorneys of record per party 5. **Target circuit** — specific U.S. Court of Appeals (requirements vary) ## Process ### 1. Identify Circuit Requirements [VERIFY] Research the destination circuit's local rules. Key variations: | Requirement | Variation | |---|---| | Document title | "Certificate of Interested Persons" vs. "Corporate Disclosure Statement" vs. "Disclosure of Corporate Affiliations and Financial Interests" | | Listing order | Alphabetical vs. categorical by party | | Amici disclosure | Anticipated amici vs. only filed briefs | | Negative statements | Some circuits require explicit "none" for empty categories | | Formatting | Single- vs. double-spaced; page limits | ### 2. Extract Interested Persons Search all uploaded documents for every disclosable person/entity: | Category | Disclose | |---|---| | **Named parties** | All parties including dismissed/settled; complete legal names | | **Counsel** | Law firms, office locations, individual attorneys of record | | **Parent corporations** | Every layer to ultimate parent; note wholly-owned subsidiaries | | **Subsidiaries** | Those affected by litigation outcome | | **10%+ stockholders** | Publicly held companies owning ≥10% of a party's stock | | **Insurers** | Companies covering claims at issue | | **Litigation funders** | Third-party financiers with recovery interest | | **Indemnitors/guarantors** | Entities obligated to satisfy judgment | | **Bankruptcy parties** | Trustee, DIP, creditors' committee if applicable | | **Amici curiae** | Orgs that have filed or indicated intent to file | ### 3. Draft the Certificate **Caption:** Full court name, appellate case number, party names exactly as on notice of appeal, document title per local rule. **Disclosure body:** - Complete legal name for each person/entity — no abbreviations or trade names - Relationship descriptor (e.g., "Parent corporation of Defendant XYZ Corp.") - Full corporate ownership chain for corporate parties **Certification statement:** - Reference FRAP 26.1 and applicable local rule by number - Attest completeness after reasonable inquiry - Acknowledge continuing duty to supplement - Include FRAP 32(g) certification **Signature block:** Attorney name, signature (CM/ECF compliant), bar number, jurisdiction, firm name, address, phone, email, date. ### 4. Quality Checks - [ ] All names spelled correctly; complete legal names used (no trade names) - [ ] Every required category addressed, including negative statements where required - [ ] Corporate ownership chains fully traced - [ ] Consistent with prior trial-court disclosure statements - [ ] Changes in corporate structure or representation since trial court flagged - [ ] Formatting meets circuit specifications (margins, typeface, spacing, page limits) - [ ] Properly dated and signed ## Guidelines - **Completeness over brevity** — omitting an interested person risks recusal motions and procedural delays; when in doubt, disclose - **Verify corporate structures with client** — public filings may be outdated; confirm current ownership before filing - **Flag changes from trial court** — note any corporate structure or representation changes explicitly - **Never abbreviate entity names** — courts use these for automated conflict checks - **Supplement promptly** — file a supplemental certificate immediately upon discovering new interested persons - **Circuit rules control** — FRAP 26.1 sets the floor, not the ceiling; always check local rules