§77i Court Review of Orders

Summary

You can ask a U.S. court of appeals to review a Commission order. File a written petition in the court for the circuit where you live or have your main business, or in the D.C. Circuit, within 60 days after the order. The court will send a copy to the Commission, and the Commission must give the court the record it used. You cannot raise in court any complaint you did not raise before the Commission. The Commission’s factual findings are final if they are supported by evidence. If a party wants to add new evidence, the court can allow it only if the party shows the evidence matters and there was a good reason it was not offered earlier. The court can order that new evidence be taken before the Commission. The Commission may change its findings after that, and those new findings are final if supported by evidence. The court’s decision to keep, change, or cancel the Commission’s order is final, though the Supreme Court may review it. Filing for review does not stop the Commission’s order unless the court orders a stay.