Professional Documents
Culture Documents
Dr Z by Joseph H
Zernik
Joseph Zernik, PhD DN: cn=Joseph H
Zernik, o, ou,
email=jz12345@e
PO Box 526, La Verne, CA 91750; arthlink.net, c=US
Location: La
Fax: 323.488.9697; Email: jz12345@earthlink.net Verne, California
Date: 2010.03.30
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs 04:05:49 -07'00'
10-03-30 NDAs (Notices of Docket Activity) at the US Court of Appeals, 9th Circuit, as
Established in Rules of Courts, General Orders, User’s Guide, Video Transcripts.
Introduction
Compiled in this binder are records that were downloaded from the US Court of Appeals, 9th Circuit site, in an
effort to evaluate the manner in which the Court established its practices relative to authentication (service)
and certification by the clerk of entry of papers into the case dockets.
The records were further searched, using Acrobat word query functions, for any mention of the phrase
“Notice(s) of Docket Activity”. Such queries identified appearances of the phrase(s) as noted in the TOC,
below. Page numbers refer to the running page numbers at lower right of the pages.
The matter was further analyzed elsewhere and documented in separate records.
TOC
Introduction & TOC …………….. 001
A. 10-03-26 Dubious Notice of Docket Activity from Shelley v Quality Loan Services – obtained from
Shelley. …………….. 003
Query hits: p 3
B. 10-03-28 Certificate of Service Form – from the Court’s web site …………….. 005
C. 10-03-28 Federal Rules of Appellate Procedures, and Local Rules of the 9th Circuit …….. 006
Query hits: pp 324, 327, 357, 379, 389, 398, 405, 416-421, 564
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Page 2/2 March 30, 2010
G. 10-03-28 Video Transcript – Introduction to CM/ECF at the 9th Circuit …………….. 515
10-03-26 NDA (Notice of Docket Activity) from the US Court of Appeals, 9th Circuit, in Shelly v
Quality Loan Service, Inc.
X-MSK: CML=0.001000
From: "Philip J. Shelley" <philipjs@verizon.net>
To: "joseph zernik" <jz12345@earthlink.net>
Subject: Fw: 09-56133 Richard Shelley v. Quality Loan Service Corp.,
et al "Order Filed" Here's one you might not have been able to open that I
thought was FISHY
Date: Fri, 26 Mar 2010 11:19:20 -0700
X-Mailer: Microsoft Windows Mail 6.0.6002.18005
X-ELNK-AV: 0
X-ELNK-Info: sbv=0; sbrc=.0; sbf=00; sbw=000;
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy
permits attorneys of record and parties in a case (including pro se litigants) to receive one free
electronic copy of all documents filed electronically, if receipt is required by law or directed by
the filer. PACER access fees apply to all other users. To avoid later charges, download a copy
of each document during this first viewing.
The following transaction was entered on 10/22/2009 at 12:51:29 PM PDT and filed on 10/22/2009
Case Name: Richard Shelley v. Quality Loan Service Corp., et al
Case Number: 09-56133
Document(s): Document(s)
Docket Text:
Filed order (STEPHEN S. TROTT and JOHNNIE B. RAWLINSON) Appellant s emergency motion
for stay pending appeal is denied. The briefing schedule previously established shall remain in
effect.[7104315] (KD)
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Page 2/2 March 26, 2010
Scott, David C.
MCCARTHY & HOLTHUS
1770 Fourth Ave.
San Diego, CA 92101
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9th Circuit Case Number(s)
NOTE: To secure your input, you should print the filled-in form to PDF (File > Print > PDF Printer/Creator).
*********************************************************************************
CERTIFICATE OF SERVICE
When All Case Participants are Registered for the Appellate CM/ECF System
I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the
United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system
on (date) .
I certify that all participants in the case are registered CM/ECF users and that service will be
accomplished by the appellate CM/ECF system.
*********************************************************************************
CERTIFICATE OF SERVICE
When Not All Case Participants are Registered for the Appellate CM/ECF System
I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the
United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system
on (date) .
Participants in the case who are registered CM/ECF users will be served by the appellate
CM/ECF system.
I further certify that some of the participants in the case are not registered CM/ECF users. I
have mailed the foregoing document by First-Class Mail, postage prepaid, or have dispatched it
to a third party commercial carrier for delivery within 3 calendar days to the following
non-CM/ECF participants:
December 1, 2009
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PREAMBLE
PREAMBLE
These local rules of the United States Court of Appeals for the Ninth Circuit are promulgated under
the authority of Fed. R. App. P. 2 and 47.
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TABLE OF CONTENTS
TABLE OF CONTENTS
Judges of the United States Court of Appeals for the Ninth Circuit. . . . . . . . . . . . . . . . . . . . . . viii
Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xi
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TABLE OF CONTENTS
FRAP 12. Docketing the Appeal; Filing a Representation Statement; Filing the Record . . 40
FRAP 12.1. Remand After an Indicative Ruling by the District Court on a Motion for Relief
that is Barred by a Pending Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Circuit Rule 12-1. Notice of Emergency Motions in Capital Cases . . . . . . . . . . . . . . . . . . . . . 41
Circuit Rule 12-2. Representation Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
FRAP 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs . . . . . . . 58
Circuit Rule 21-1. Extraordinary Writs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Circuit Rule 21-2. Extraordinary Writs Format; Number of Copies . . . . . . . . . . . . . . . . . . . . . 59
Circuit Rule 21-3. Certificate of Interested Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Circuit Rule 21-4. Answers to Petitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Circuit Advisory Committee Note to Rules 21-1 to 21-4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Circuit Rule 21-5. Petition for Writ of Mandamus Pursuant to 18 U.S.C. § 3771(d)(3). . . . . . 61
Circuit Advisory Committee Note to Rule 21-5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
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TABLE OF CONTENTS
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TABLE OF CONTENTS
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TABLE OF CONTENTS
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JUDGES OF THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
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JUDGES OF THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
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JUDGES OF THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Raymond C. Fisher
Circuit Judge, Pasadena, California
Ronald M. Gould
Circuit Judge, Seattle, Washington
Richard A. Paez
Circuit Judge, Pasadena, California
Marsha S. Berzon
Circuit Judge, San Francisco, California
Richard C. Tallman
Circuit Judge, Seattle, Washington
Johnnie B. Rawlinson
Circuit Judge, Las Vegas, Nevada
Richard R. Clifton
Circuit Judge, Honolulu, Hawaii
Jay S. Bybee
Circuit Judge, Las Vegas, Nevada
Consuelo M. Callahan
Circuit Judge, Sacramento, California
Carlos T. Bea
Circuit Judge, San Francisco, California
Milan D. Smith, Jr.
Circuit Judge, Pasadena, California
Sandra S. Ikuta
Circuit Judge, Pasadena, California
N. Randy Smith
Circuit Judge, Pocatello, Idaho
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FOREWORD
FOREWORD
The Advisory Committee on Rules of Practice and Internal Operating Procedures of the United
States Court of Appeals for the Ninth Circuit was appointed by the court in 1984, pursuant to
28 U.S.C. § 2077. The committee first undertook a major restructuring of the Ninth Circuit Rules
with the objective of updating the rules to reflect current practice, putting the rules into a simpler
format and style, and renumbering the rules to conform to the numbering sequence of the Federal
Rules of Appellate Procedure. The purpose of this project was to produce a more readable, easily
understandable set of rules in handbook form. The handbook contains the Federal Rules of
Appellate Procedure, the Ninth Circuit Rules, and, following certain rules, Circuit Advisory
Committee Notes. The committee's role in assisting the Court is more fully defined by 9th Cir. R.
47-2.
Circuit Judges Pamela A. Rymer, Johnnie B. Rawlinson and Sandra S. Ikuta currently serve on the
committee.
Lawyers serving on the committee include Harry Michael Auerbach, James S. Azadian, Stephen
Berzon, Helen J. Brunner, David J. Burman, Thomas R. Freeman, Andrew Jacobs, Daniel L.
Kaplan, Larry Kasten, Professor Shaun P. Martin, Manuel M. Medeiros, Daniel F. Polsenberg, K.
John Shaffer, Stacy Tolchin and Mark Walters. The committee is chaired by Helen J. Brunner.
The Court encourages members of the bar to make suggestions for improvements to the rules of
Court. Such suggestions should be directed to the Clerk of Court.
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COURT STRUCTURE AND PROCEDURES
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COURT STRUCTURE AND PROCEDURES
(3) Clerk’s Office. Office hours are from 8:30 a.m. to 5:00 p.m., Monday through
Friday, except federal holidays. In addition to the San Francisco office, the Court
has permanent, but not full service, Clerk’s offices in Seattle, Pasadena, and
Portland. Court information, including Court rules, the general orders, calendars
and opinions are available on the Court’s website at www.ca9.uscourts.gov.
Clerk’s office personnel are authorized by Circuit Rule 27-7 to act on certain
procedural motions (see Circuit Advisory Committee Note to Rule 27-7, infra); are
authorized by FRAP 42(b) to handle stipulations for dismissal; and are authorized
by Circuit Rule 42-1 to dismiss cases for failure to prosecute.
Inquiries concerning rules and procedures may be directed to the San Francisco,
Pasadena, Seattle, or Portland Clerk’s office. On matters requiring special handling,
counsel may contact the Clerk for information and assistance. It should be
emphasized, however, that legal advice will not be given by a judge or any member
of the Court staff.
(4) Office of Staff Attorneys. The staff attorneys perform a variety of tasks for the
Court and work for the entire Court rather than for individual judges.
(a) Inventory. After briefing has been completed, the case management
attorneys review the briefs and record in each case in order to identify the
primary issues raised in the case and to assign a numerical weight to the case
reflecting the relative amount of judge time that likely will have to be spent
on the matter.
(b) Research. The research attorneys review briefs and records, research legal
issues, and prepare memorandum dispositions for oral presentation to three-
judge panels, in cases that are not calendared for oral argument.
(c) Motions. The motions attorneys process all motions, except for procedural
motions disposed of by the Clerk, filed in a case prior to assignment of a
particular panel for disposition on the merits. The motions attorneys also
process emergency motions filed pursuant to Circuit Rules 27-3 and 27-4,
and motions for reconsideration of orders filed by motions panels.
(5) Circuit Court Mediators. Shortly after a new case is docketed, the Circuit Court
Mediators will review the Mediation Questionnaire to determine if a case appears
suitable for the Court’s settlement program. See Circuit Rules 3-4 and 15-2. The
Circuit Court Mediators are permanent members of the Court staff. They are
experienced appellate practitioners who have had extensive mediation and
negotiation training.
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COURT STRUCTURE AND PROCEDURES
(6) Library. The staff of the Ninth Circuit library system serve circuit, district,
bankruptcy and magistrate judges, as well as staff of other Court units. Services
provided include reference and other information services, acquisition of
publications for Court libraries and judges’ chambers, organization and
maintenance of library collections and management of the Circuit library system.
The Ninth Circuit library system, headed by the Circuit Librarian, consists of 21
staffed libraries including the headquarters library and 20 branch libraries located
throughout the Circuit. The administrative office and the headquarters library are
located in San Francisco.
Court libraries may make their collections available to members of the bar and the
general public depending on local Court rules. Hours for the headquarters library in
San Francisco are Monday through Friday, 9:00 p.m. to 5:00 p.m. and 8:00 a.m. to
5:00 p.m. during Court week. Information regarding the location and hours of
operation for other branch libraries may be obtained by calling the headquarters
library reference desk at (415) 355-8650.
(7) Circuit Executive’s Office. The Circuit Executive’s office is the arm of the
Circuit’s Judicial Council that provides administrative support to appellate, district
and bankruptcy judges in the circuit.
D. The Judicial Council
The Judicial Council, established pursuant to 28 U.S.C. § 332, is currently composed of the Chief
Judge, four circuit judges, and four district judges. The Council convenes regularly to consider and
take required action upon any matter affecting the administration of its own work and that of all
federal courts within the circuit, including the consideration of some complaints of judicial
misconduct.
E. Court Procedures for Processing and Hearing of Cases
(1) Classification of Cases. After the briefing is completed, the case management
attorneys inventory cases in order to weigh them by type, issue, and difficulty. The
weight of a case is merely an indication of the relative amount of judicial time that
will probably be consumed in disposing of the case. The inventory process enables
the Court to balance judges’ workloads and hear at a single sitting unrelated appeals
involving similar legal issues.
(2) Designation of Court Calendars. Under the direction of the Court, the Clerk sets
the time and place of court calendars, taking into account, for at least six months in
advance, the availability of judges, the number of cases to be calendared, and the
places of hearing required or contemplated by statute or policy. The random
assignment of judges by computer to particular days or weeks on the calendars is
intended to equalize the workload among the judges. At the time of assigning judges
to panels, the Clerk does not know which cases ultimately will be allocated to each
of the panels.
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COURT STRUCTURE AND PROCEDURES
(3) Disclosure of Judges on Panels. The names of the judges on each panel are
released to the general public on the Monday of the week preceding argument. At
that time, the calendar of cases scheduled for hearing is posted in the San Francisco,
Pasadena, Seattle, and Portland offices of the Clerk of Court and is forwarded for
posting to the clerks of the district courts within the circuit. This provision permits
the parties to prepare for oral argument before particular judges. Once the calendar
is made public, motions for continuances will rarely be granted.
(4) Allocation of Cases to Calendars. Direct criminal appeals receive preference
pursuant to FRAP 45(b)(2) and are placed on the first available calendar after
briefing is completed. Many other cases are accorded priority by statute or rule. See
Circuit Rule 34-3. Their place on the court’s calendar is a function of both the
statutory priority and the length of time the cases have been pending. Pursuant to
FRAP 2, the Court also may in its discretion order that any individual case receive
expedited treatment.
The Court makes every effort to ensure that calendars are prepared objectively and
that no case is given unwarranted preference. The only exception to the rule of
random assignment of cases to panels is that a case heard by the Court on a prior
appeal may be set before the same panel upon a later appeal. If the panel that
originally heard the matter does not specify its intent to retain jurisdiction over any
further appeal, the parties may file a motion to have the case heard by the original
panel. Matters on remand from the United States Supreme Court are referred to the
panel that previously heard the matter.
Normally, court calendars are held each year in the following places:
• 12 in San Francisco (usually the second week of each month),
• 12 in Pasadena (usually the first week of each month),
• 12 in Seattle (usually the first week of each month),
• 6 in Portland,
• 3 in Honolulu; and
• 1 in Anchorage.
Each court calendar usually consists of one week of multiple sittings.
(5) Selection of Panels. The Clerk of Court sets the time and place of the calendars.
The Clerk utilizes a matrix composed of all active judges and those senior judges
who have indicated their availability. The aim is to enable each active judge to sit
with every other active and senior judge approximately the same number of times
over a two-year period and to assign active judges an equal number of times to each
of the locations at which the Court holds hearings.
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COURT STRUCTURE AND PROCEDURES
At present, all panels are composed of no fewer than two members of the Court, at
least one of whom is an active judge. Every year, each active judge, except the Chief
Judge, is expected to sit on 32 days of oral argument calendars; one oral screening
panel; one motions panel; and one certificate of appealability panel. Senior judges
are given a choice as to how many cases they desire to hear.
The Court on occasion calls upon district judges to sit on panels when there are
insufficient circuit judges to constitute a panel. It is Court policy that district judges
not participate in the disposition of appeals from their own districts. In addition, the
Court attempts to avoid assigning district judges to appeals of cases over which
other judges from their district have presided (either on motions or at trial) as
visiting judges in other districts.
All active judges and some senior judges serve on a motions panel, whose
membership changes monthly. The identity of the motions panel is posted on the
first day of the month on the Court’s website at www.ca9.uscourts.gov under
Calendar > Motions Panel.
(6) Pre-Argument Preparation. After the cases have been allocated to the panels, the
briefs and excerpts of record in each case are distributed to each of the judges
scheduled to hear the case. The documents are usually received in the judges'
chambers six weeks prior to the scheduled time for hearing, and it is the policy of
the Court that each judge read all of the briefs prior to oral argument.
(7) Oral Argument. The Clerk sends a master calendar notice to all counsel of record
about five weeks prior to the date of oral argument. If counsel finds it impossible to
meet the assigned hearing date, a motion for continuance should be filed
immediately. Delay in submitting such a motion will militate against the Court’s
granting the relief requested. Once the identity of the judges are announced,
motions for continuance will rarely be granted.
Counsel should inform the Court promptly if the case has become moot, settlement
discussions are pending, or relevant precedent has been decided since the briefs
were filed.
The Location of Hearing Notice indicates how much time will be allotted to each
side for oral argument. If oral argument is allowed, the amount of time, which is
within the Court’s discretion, generally ranges between 10 and 20 minutes per side.
If counsel wishes more time, a motion to that effect must be filed as soon as possible
after the notice is received.
Daily court calendars usually commence at 9:00 a.m., Monday through Friday.
Counsel are expected to check in with the courtroom deputy at least 30 minutes
prior to the start of the calendar. Arguments are digitally recorded for the use of the
Court, and the recording does not represent an official record of the proceedings.
The recording may be accessed the day following argument via the Court’s website
at www.ca9.uscourts.gov under Audio Recordings. Members of the public may also
request a tape recording of the proceedings.
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COURT STRUCTURE AND PROCEDURES
(8) Case Conferences. At the conclusion of each day’s argument, the judges on each
panel confer on the cases they have heard. Each judge expresses his or her tentative
views and votes in reverse order of seniority. The judges reach a tentative decision
regarding the disposition of each case and whether it should be in the form of a
published opinion. The presiding judge then assigns each case to a judge for the
preparation and submission of a disposition.
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FRAP 1 CIR. R. 1-1
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FRAP 2
On its own or a party’s motion, a court of appeals may — to expedite its decision or for other good
cause — suspend any provision of these rules in a particular case and order proceedings as it
directs, except as otherwise provided in Rule 26(b).
(As amended April 24, 1998, eff. Dec. 1, 1998.)
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FRAP 3
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CIR. R. 3-1 FRAP 3
(3) In a class action, whether or not the class has been certified, the notice of appeal is
sufficient if it names one person qualified to bring the appeal as representative of
the class.
(4) An appeal must not be dismissed for informality of form or title of the notice of
appeal, or for failure to name a party whose intent to appeal is otherwise clear from
the notice.
(5) Form 1 in the Appendix of Forms is a suggested form of a notice of appeal.
(d) Serving the Notice of Appeal.
(1) The district clerk must serve notice of the filing of a notice of appeal by mailing a
copy to each party’s counsel of record — excluding the appellant’s — or, if a party
is proceeding pro se, to the party’s last known address. When a defendant in a
criminal case appeals, the clerk must also serve a copy of the notice of appeal on the
defendant, either by personal service or by mail addressed to the defendant. The
clerk must promptly send a copy of the notice of appeal and of the docket entries —
and any later docket entries — to the clerk of the court of appeals named in the
notice. The district clerk must note, on each copy, the date when the notice of appeal
was filed.
(2) If an inmate confined in an institution files a notice of appeal in the manner
provided by Rule 4(c), the district clerk must also note the date when the clerk
docketed the notice.
(3) The district clerk’s failure to serve notice does not affect the validity of the appeal.
The clerk must note on the docket the names of the parties to whom the clerk mails
copies, with the date of mailing. Service is sufficient despite the death of a party or
the party’s counsel.
(e) Payment of Fees. Upon filing a notice of appeal, the appellant must pay the district clerk
all required fees. The district clerk receives the appellate docket fee on behalf of the court
of appeals.
(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 1986; Apr. 25, 1989, eff.
Dec. 1, 1989; Apr. 22, 1993, eff. Dec. 1, 1993; Dec. 1, 1994; May 11, 1998, eff. Dec. 1, 1998.)
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FRAP 3 CIR. R. 3-2
The above rules are subject to several exceptions. The docket fee need not be paid upon filing the
notice of appeal when: (a) the district court or this court has granted in forma pauperis or Criminal
Justice Act status; (b) an application for in forma pauperis relief or for a certificate of appealability
is pending; or (c) the appellant, e.g., the Government, is exempt by statute from paying the fee.
Counsel shall advise the Clerk at the time the notice of appeal is filed if one of these conditions
exists. (See FRAP 24 regarding appeals in forma pauperis.) If a party has filed a petition for
permission to appeal pursuant to FRAP 5, the filing fee and docket fee will become due in the
district court upon an order of this court granting permission to appeal. A notice of appeal need not
be filed. (See FRAP 5.) (Rev. 12/1/09)
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CIR. R. 3-4 FRAP 3
(c) If a party files a motion to expedite the appeal or a motion to grant or stay the injunction
pending appeal, the court, in resolving those motions, may order a schedule for briefing that
differs from that described above. (Rev. 7/1/06)
Cross Reference: (Rev. 7-1-06)
• FRAP 8. Stay or Injunction Pending Appeal on page 25
• Circuit Rule 27-2. Motions for Stays Pending Appeal on page 90
• Circuit Rule 27-3. Emergency and Urgent Motions on page 90
• FRAP 10. The Record on Appeal on page 29
• Circuit Rule 10-2: Contents of the Record on Appeal on page 31
• Circuit Rule 10-3. Ordering the Reporter’s Transcript on page 31
• Circuit Rule 30-1. The Excerpts of Record on page 114
• FRAP 34. Oral Argument on page 131
• Circuit Rule 34-3. Priority Cases on page 132
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FRAP 3 CIR. R. 3-5
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CIR. R. 3-6 FRAP 3
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FRAP 3.1
FRAP 3.1
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FRAP 4
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FRAP 4
(B)
(i) If a party files a notice of appeal after the court announces or enters
a judgment — but before it disposes of any motion listed in
Rule 4(a)(4)(A) — the notice becomes effective to appeal a
judgment or order, in whole or in part, when the order disposing of
the last such remaining motion is entered.
(ii) A party intending to challenge an order disposing of any motion
listed in Rule 4(a)(4)(A), or a judgment's alteration or amendment
upon such a motion, must file a notice of appeal, or an amended
notice of appeal — in compliance with Rule 3(c) — within the time
prescribed by this Rule measured from the entry of the order
disposing of the last such remaining motion.
(iii) No additional fee is required to file an amended notice.
(5) Motion for Extension of Time.
(A) The district court may extend the time to file a notice of appeal if:
(i) a party so moves no later than 30 days after the time prescribed by
this Rule 4(a) expires; and
(ii) regardless of whether its motion is filed before or during the 30 days
after the time prescribed by this Rule 4(a) expires, that party shows
excusable neglect or good cause.
(B) A motion filed before the expiration of the time prescribed in Rule 4(a)(1)
or (3) may be ex parte unless the court requires otherwise. If the motion is
filed after the expiration of the prescribed time, notice must be given to the
other parties in accordance with local rules.
(C) No extension under this Rule 4(a)(5) may exceed 30 days after the
prescribed time or 14 days after the date when the order granting the motion
is entered, whichever is later.
(6) Reopening the Time to File an Appeal. The district court may reopen the time to
file an appeal for a period of 14 days after the date when its order to reopen is
entered, but only if all the following conditions are satisfied:
(A) the court finds that the moving party did not receive notice under Federal
Rule of Civil Procedure 77(d) of the entry of the judgment or order sought
to be appealed within 21 days after entry;
(B) the motion is filed within 180 days after the judgment or order is entered or
within 14 days after the moving party receives notice of the entry, whichever
is earlier; and
(C) the court finds that no party would be prejudiced.
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FRAP 4
(7) Entry Defined. A judgment or order is entered for purposes of this Rule 4(a):
(A) A judgment or order is entered for purposes of this Rule 4(a):
(i) if Federal Rule of Civil Procedure 58(a)(1) does not require a
separate document, when the judgment or order is entered in the
civil docket under Federal Rule of Civil Procedure 79(a); or
(ii) if Federal Rule of Civil Procedure 58(a)(1) requires a separate
document, when the judgment or order is entered in the civil docket
under Federal Rule of Civil Procedure 79(a) and when the earlier of
these events occurs:
• the judgment or order is set forth on a separate document, or
• 150 days have run from entry of the judgment or order in the
civil docket under Federal Rule of Civil Procedure 79(a).
(B) A failure to set forth a judgment or order on a separate document when
required by Federal Rule of Civil Procedure 58(a)(1) does not affect the
validity of an appeal from that judgment or order.
(b) Appeal in a Criminal Case.
(1) Time for Filing a Notice of Appeal.
(A) In a criminal case, a defendant’s notice of appeal must be filed in the district
court within 14 days after the later of:
(i) the entry of either the judgment or the order being appealed; or
(ii) the filing of the government’s notice of appeal.
(B) When the government is entitled to appeal, its notice of appeal must be filed
in the district court within 30 days after the later of:
(i) the entry of the judgment or order being appealed; or
(ii) the filing of a notice of appeal by any defendant.
(2) Filing Before Entry of Judgment. A notice of appeal filed after the court
announces a decision, sentence, or order — but before the entry of the judgment or
order — is treated as filed on the date of and after the entry.
(3) Effect of a Motion on a Notice of Appeal.
(A) If a defendant timely makes any of the following motions under the Federal
Rules of Criminal Procedure, the notice of appeal from a judgment of
conviction must be filed within 14 days after the entry of the order disposing
of the last such remaining motion, or within 14 days after the entry of the
judgment of conviction, whichever period ends later. This provision applies
to a timely motion:
(i) for judgment of acquittal under Rule 29;
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FRAP 4
(ii) for a new trial under Rule 33, but if based on newly discovered
evidence, only if the motion is made no later than 14 days after the
entry of the judgment; or
(iii) for arrest of judgment under Rule 34.
(B) A notice of appeal filed after the court announces a decision, sentence, or
order — but before it disposes of any of the motions referred to in
Rule 4(b)(3)(A) — becomes effective upon the later of the following:
(i) the entry of the order disposing of the last such remaining motion; or
(ii) the entry of the judgment of conviction.
(C) A valid notice of appeal is effective — without amendment — to appeal
from an order disposing of any of the motions referred to in Rule 4(b)(3)(A).
(4) Motion for Extension of Time. Upon a finding of excusable neglect or good cause,
the district court may — before or after the time has expired, with or without motion
and notice — extend the time to file a notice of appeal for a period not to exceed 30
days from the expiration of the time otherwise prescribed by this Rule 4(b).
(5) Jurisdiction. The filing of a notice of appeal under this Rule 4(b) does not divest a
district court of jurisdiction to correct a sentence under Federal Rule of Criminal
Procedure 35(c), nor does the filing of a motion under 35(c) affect the validity of a
notice of appeal filed before entry of the order disposing of the motion. The filing
of a motion under Federal Rule of Criminal Procedure 35(a) does not suspend the
time for filing a notice of appeal from a judgment of conviction.
(6) Entry Defined. A judgment or order is entered for purposes of this Rule 4(b) when
it is entered on the criminal docket.
(c) Appeal by an Inmate Confined in an Institution.
(1) If an inmate confined in an institution files a notice of appeal in either a civil or a
criminal case, the notice is timely if it is deposited in the institution’s internal mail
system on or before the last day for filing. If an institution has a system designed
for legal mail, the inmate must use that system to receive the benefit of this rule.
Timely filing may be shown by a declaration in compliance with 28 U.S.C. § 1746
or by a notarized statement, either of which must set forth the date of deposit and
state that first-class postage has been prepaid.
(2) If an inmate files the first notice of appeal in a civil case under this Rule 4(c), the
14-day period provided in Rule 4(a)(3) for another party to file a notice of appeal
runs from the date when the district court dockets the first notice.
(3) When a defendant in a criminal case files a notice of appeal under this Rule 4(c),
the 30-day period for the government to file its notice of appeal runs from the entry
of the judgment or order appealed from or from the district court’s docketing of the
defendant’s notice of appeal, whichever is later.
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CIR. R. 4-1 FRAP 4
(d) Mistaken Filing in the Court of Appeals. If a notice of appeal in either a civil or a criminal
case is mistakenly filed in the court of appeals, the clerk of that court must note on the
notice the date when it was received and send it to the district clerk. The notice is then
considered filed in the district court on the date so noted.
(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Nov. 18, 1988; Apr. 30, 1991, eff. Dec. 1, 1991;
Apr. 22, 1993, eff. Dec. 1, 1993; May 11, 1998, eff. Dec. 1, 1998; eff. Dec. 1, 2002; Dec. 1, 2009)
Cross Reference:
• Circuit Rule 3-5. Procedure for Recalcitrant Witness Appeals on page 7
• Circuit Rule 10-2: Contents of the Record on Appeal on page 31
• Circuit Rule 27-4. Emergency Criminal Interlocutory Appeals on page 92
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FRAP 4 CIR. R. 4-1
If the district court declines to appoint counsel on appeal, and if counsel below believes that
the district court erred, counsel shall, within 14 days from the district court’s order, file with
the Clerk of this court a motion for appointment of counsel accompanied by a financial
affidavit (CJA Form 23). (Rev. 12/1/09)
(c) Withdrawal of Counsel After Filing the Notice of Appeal
A motion to withdraw as counsel on appeal after the filing of the notice of appeal, where
counsel is retained in a criminal case or appointed under the Criminal Justice Act, shall be
filed with the Clerk of this court within 21 days after the filing of the notice of appeal and
shall be accompanied by a statement of reasons and: (Rev. 12/1/09)
(1) A substitution of counsel which indicates that new counsel has been retained to
represent defendant; or
(2) A motion by retained counsel for leave to proceed in forma pauperis and for
appointment of counsel under the Criminal Justice Act, supported by a completed
financial affidavit (CJA Form 23); (Rev. 7/1/06)
(3) A motion by appointed counsel to be relieved and for appointment of substitute
counsel; (Rev. 7/1/06)
(4) A motion by defendant to proceed pro se; or
(5) An affidavit or signed statement from the defendant showing that the defendant has
been advised of his or her rights with regard to the appeal and expressly stating that
the defendant wishes to dismiss the appeal voluntarily.
Any motion filed pursuant to this section shall be served on defendant; the proof of
service shall include defendant's current address. (Rev. 7/1/06)
(6) Alternatively, if after conscientious review of the record appointed counsel believes
the appeal is frivolous, on or before the due date for the opening brief, appointed
counsel shall file a separate motion to withdraw and an opening brief that identifies
anything in the record that might arguably support the appeal, with citations to the
record and applicable legal authority. The motion and brief shall be accompanied
by proof of service on defendant. See Anders v. California, 386 U.S. 738 (1967),
and United States v. Griffy, 895 F.2d 561 (9th Cir. 1990). The cover of the opening
brief shall state that the brief is being filed pursuant to Anders v. California. The
filing of a motion to withdraw as counsel along with a proposed Anders brief serves
to vacate the previously established briefing schedule.
To facilitate this Court’s independent review of the district court proceedings,
counsel shall designate all appropriate reporter's transcripts, including but not
limited to complete transcripts for the plea hearing and sentencing hearing, and
shall include the transcripts in the excerpts of record. Counsel are advised to consult
Circuit Rule 30-1.
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CIR. R. 4-1 FRAP 4
When an appointed attorney has properly moved for leave to withdraw pursuant to
Anders and has included all appropriate reporter's transcripts, this Court will
establish a briefing schedule permitting the defendant to file a pro se supplemental
opening brief raising any issues that defendant wishes to present. The order will also
direct appellee by a date certain either to file its answering brief or notify the court
by letter that no answering brief will be filed. (New 1/1/01)
(d) Motions for Leave to Proceed Pro Se in Direct Criminal Appeals
The court will permit defendants in direct criminal appeals to represent themselves if: (1)
the defendant's request to proceed pro se and the waiver of the right to counsel are knowing,
intelligent and unequivocal; (2) the defendant is apprised of the dangers and disadvantages
of self-representation on appeal; and (3) self-representation would not undermine a just and
orderly resolution of the appeal. If, after granting leave to proceed pro se the court finds that
appointment of counsel is essential to a just and orderly resolution of the appeal, leave to
proceed pro se may be modified or withdrawn. (New 7/1/01)
(e) Post Appeal Proceedings
If the decision of this court is adverse to the client, in part or in full, counsel, whether
appointed or retained, shall, within 14 days after entry of judgment or denial of a petition
for rehearing, advise the client of the right to initiate further review by filing a petition for
a writ of certiorari in the United States Supreme Court. See Sup. Ct. R. 13, 14. If in
counsel’s considered judgment there are no grounds for seeking Supreme Court review that
are non-frivolous and consistent with the standards for filing a petition, see Sup. Ct. R. 10,
counsel shall further notify the client that counsel intends to move this court for leave to
withdraw as counsel of record if the client insists on filing a petition in violation of Sup. Ct.
R. 10.
In cases in which a defendant who had retained counsel or proceeded pro se in this court
wishes to file a petition for writ of certiorari in the United States Supreme Court or wishes
to file an opposition to a certiorari petition, and is financially unable to obtain
representation for this purpose, this Court will entertain a motion for appointment of
counsel within 21 days from judgment or the denial of rehearing. It is the duty of retained
counsel to assist the client in preparing and filing a motion for appointment of counsel and
a financial affidavit under this subsection.
If requested to do so by the client, appointed or retained counsel shall petition the Supreme
Court for certiorari only if in counsel’s considered judgment sufficient grounds exist for
seeking Supreme Court review. See Sup. Ct. R. 10.
Any motion by appointed or retained counsel to withdraw as counsel of record shall be
made within 21 days of judgment or the denial of rehearing and shall state the efforts made
by counsel to notify the client. A cursory statement of frivolity is not a sufficient basis for
withdrawal. See Austin v. United States, 513 U.S. 5 (1994) (per curiam); Sup. Ct. R. 10.
Within this same period, counsel shall serve a copy of any such motion on the client. If
relieved by this Court, counsel shall, within 14 days after such motion is granted, notify the
client in writing and, if unable to do so, inform this Court. (Rev. 12/1/09)
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FRAP 4 CIR. R. 4-1
Unless counsel is relieved of his or her appointment by this Court, counsel’s appointment
continues through the resolution of certiorari proceedings and includes providing
representation when an opposing party files a petition for certiorari.
(f) Counsel’s Claim for Fees and Expenses
An attorney appointed by the court shall be compensated for services and reimbursed for
expenses reasonably incurred as set forth in the Criminal Justice Act. All vouchers claiming
compensation for services rendered in this court under the Criminal Justice Act shall be
submitted to the Clerk of this court no later than 45 days after the final disposition of the
case in this court or after the filing of a petition for certiorari, whichever is later. Subsequent
work on the appeal may be claimed on a supplemental voucher. A voucher for work on a
petition for a writ of certiorari must be accompanied by a copy of the petition. If a party
wishes interim payment, a motion for such relief may be filed.
The Clerk shall refer all vouchers, including those requesting payment in excess of the
statutory maximum, to the Appellate Commissioner, for approval of such compensation as
the Appellate Commissioner deems reasonable and appropriate under the Criminal Justice
Act. If the Appellate Commissioner concludes that an amount less than that requested by
the attorney is appropriate, he or she shall communicate to the attorney the basis for
reducing the claim. The Appellate Commissioner will offer the attorney an opportunity to
respond regarding the propriety and reasonableness of the voucher before approving a
reduction in the amount. If the amount requested is reduced, and the attorney seeks
reconsideration, the Appellate Commissioner shall receive and review the request for
reconsideration and may grant it in full or in part. If the Appellate Commissioner does not
grant a request for reconsideration in full or in part, the request shall be referred to and
decided by: (1) the authoring judge on the merits panel if the case was submitted to a merits
panel; or (2) the appropriate administrative judge if the case was resolved before
submission to a merits panel. (Rev. 12/1/09)
Whenever the Appellate Commissioner certifies payment in excess of the statutory
maximum provided by the Criminal Justice Act, the Clerk shall forward the voucher to the
appropriate administrative judge for review and approval. (eff. 7/95; amended 1/1/99)
Cross Reference:
• FRAP 42. Voluntary Dismissal on page 152
• FRAP 46. Attorneys on page 156, specifically, FRAP 46(c), Attorneys
• Circuit Rule 27-9. Motions to Dismiss Criminal Appeals on page 94, specifically,
27-9.1. Voluntary Dismissals on page 94
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FRAP 5
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FRAP 5
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CIR. R. 5-1 FRAP 5.1
FRAP 5.1
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FRAP 6
(a) Appeal From a Judgment, Order, or Decree of a District Court Exercising Original
Jurisdiction in a Bankruptcy Case. An appeal to a court of appeals from a final judgment,
order, or decree of a district court exercising jurisdiction under 28 U.S.C. § 1334 is taken
as any other civil appeal under these rules.
(b) Appeal From a Judgment, Order, or Decree of a District Court or Bankruptcy
Appellate Panel Exercising Appellate Jurisdiction in a Bankruptcy Case.
(1) Applicability of Other Rules. These rules apply to an appeal to a court of appeals
under 28 U.S.C. § 158(d) from a final judgment, order, or decree of a district court
or bankruptcy appellate panel exercising appellate jurisdiction under
28 U.S.C. § 158(a) or (b). But there are 3 exceptions:
(A) Rules 4(a)(4), 4(b), 9, 10, 11, 12(b), 13-20, 22-23, and 24(b) do not apply;
(B) the reference in Rule 3(c) to “Form 1 in the Appendix of Forms” must be
read as a reference to Form 5; and
(C) when the appeal is from a bankruptcy appellate panel, the term “district
court,” as used in any applicable rule, means “appellate panel.”
(2) Additional Rules. In addition to the rules made applicable by Rule 6(b)(1), the
following rules apply:
(A) Motion for rehearing.
(i) If a timely motion for rehearing under Bankruptcy Rule 8015 is
filed, the time to appeal for all parties runs from the entry of the
order disposing of the motion. A notice of appeal filed after the
district court or bankruptcy appellate panel announces or enters a
judgment, order, or decree — but before disposition of the motion
for rehearing — becomes effective when the order disposing of the
motion for rehearing is entered.
(ii) Appellate review of the order disposing of the motion requires the
party, in compliance with Rules 3(c) and 6(b)(1)(B), to amend a
previously filed notice of appeal. A party intending to challenge an
altered or amended judgment, order, or decree must file a notice of
appeal or amended notice of appeal within the time prescribed by
Rule 4 — excluding Rules 4(a)(4) and 4(b) — measured from the
entry of the order disposing of the motion.
(iii) No additional fee is required to file an amended notice.
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FRAP 6
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FRAP 6 CIR. R. 6-1
Cross Reference:
• Circuit Rule 11-4. Retention of Physical Exhibits in the District Court, Transmittal of Clerk’s
Record on Request on page 38, specifically, 11-4.1. Retention of Clerk’s Record in the District
Court on page 38
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FRAP 7
In a civil case, the district court may require an appellant to file a bond or provide other security in
any form and amount necessary to ensure payment of costs on appeal. Rule 8(b) applies to a surety
on a bond given under this rule.
(As amended Apr. 30, 1979, eff. Aug. 1, 1979; May 11, 1998, eff. Dec. 1, 1998.)
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FRAP 8
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FRAP 8
(b) Proceeding Against a Surety. If a party gives security in the form of a bond or stipulation
or other undertaking with one or more sureties, each surety submits to the jurisdiction of
the district court and irrevocably appoints the district clerk as the surety's agent on whom
any papers affecting the surety's liability on the bond or undertaking may be served. On
motion, a surety's liability may be enforced in the district court without the necessity of an
independent action. The motion and any notice that the district court prescribes may be
served on the district clerk, who must promptly mail a copy to each surety whose address
is known.
(c) Stay in a Criminal Case. Rule 38 of the Federal Rules of Criminal Procedure governs a
stay in a criminal case.
(As amended Apr. 27, 1995; eff. Dec 1, 1995; May 11, 1998, eff. Dec. 1, 1998.)
Cross Reference:
• Circuit Rule 27-1. Filing of Motions on page 87
• Circuit Rule 27-2. Motions for Stays Pending Appeal on page 90
• Circuit Rule 27-3. Emergency and Urgent Motions on page 90
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FRAP 9 CIR. R. 9-1
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CIR. R. 9-1 FRAP 9
to obtain a transcript of the bail proceedings, the appellant shall state in an affidavit the
reasons why the transcript has not been obtained. (Rev. 1/1/03; 12/1/09)
(b) Unless otherwise directed by the court, appellee shall file a response to appellant’s
memorandum within 10 days of service. (Rev. 1/1/03; 12/1/09)
(c) Unless otherwise directed by the court, appellant may file a reply within 7 days of service
of the response. The appeal shall be decided promptly upon the completion of briefing.
(Rev. 1/1/03; 12/1/09)
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FRAP 10
(a) Composition of the Record on Appeal. The following items constitute the record on
appeal:
(1) the original papers and exhibits filed in the district court;
(2) the transcript of proceedings, if any; and
(3) a certified copy of the docket entries prepared by the district clerk.
(b) The Transcript of Proceedings.
(1) Appellant’s Duty to Order. Within 14 days after filing the notice of appeal or entry
of an order disposing of the last timely remaining motion of a type specified in
Rule 4(a)(4)(A), whichever is later, the appellant must do either of the following:
(A) order from the reporter a transcript of such parts of the proceedings not
already on file as the appellant considers necessary, subject to a local rule of
the court of appeals and with the following qualifications:
(i) the order must be in writing;
(ii) if the cost of the transcript is to be paid by the United States under
the Criminal Justice Act, the order must so state; and
(iii) the appellant must, within the same period, file a copy of the order
with the district clerk; or
(B) file a certificate stating that no transcript will be ordered.
(2) Unsupported Finding or Conclusion. If the appellant intends to urge on appeal
that a finding or conclusion is unsupported by the evidence or is contrary to the
evidence, the appellant must include in the record a transcript of all evidence
relevant to that finding or conclusion.
(3) Partial Transcript. Unless the entire transcript is ordered:
(A) the appellant must — within the 14 days provided in Rule 10(b)(1) — file a
statement of the issues that the appellant intends to present on the appeal and
must serve on the appellee a copy of both the order or certificate and the
statement;
(B) if the appellee considers it necessary to have a transcript of other parts of the
proceedings, the appellee must, within 14 days after the service of the order
or certificate and the statement of the issues, file and serve on the appellant
a designation of additional parts to be ordered; and
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FRAP 10
(C) unless within 14 days after service of that designation the appellant has
ordered all such parts, and has so notified the appellee, the appellee may
within the following 14 days either order the parts or move in the district
court for an order requiring the appellant to do so.
(4) Payment. At the time of ordering, a party must make satisfactory arrangements
with the reporter for paying the cost of the transcript.
(c) Statement of the Evidence When the Proceedings Were Not Recorded or When a
Transcript Is Unavailable. If the transcript of a hearing or trial is unavailable, the
appellant may prepare a statement of the evidence or proceedings from the best available
means, including the appellant’s recollection. The statement must be served on the
appellee, who may serve objections or proposed amendments within 14 days after being
served. The statement and any objections or proposed amendments must then be submitted
to the district court for settlement and approval. As settled and approved, the statement
must be included by the district clerk in the record on appeal.
(d) Agreed Statement as the Record on Appeal. In place of the record on appeal as defined
in Rule 10(a), the parties may prepare, sign, and submit to the district court a statement of
the case showing how the issues presented by the appeal arose and were decided in the
district court. The statement must set forth only those facts averred and proved or sought to
be proved that are essential to the court’s resolution of the issues. If the statement is truthful,
it — together with any additions that the district court may consider necessary to a full
presentation of the issues on appeal — must be approved by the district court and must then
be certified to the court of appeals as the record on appeal. The district clerk must then send
it to the circuit clerk within the time provided by Rule 11. A copy of the agreed statement
may be filed in place of the appendix required by Rule 30.
(e) Correction or Modification of the Record.
(1) If any difference arises about whether the record truly discloses what occurred in
the district court, the difference must be submitted to and settled by that court and
the record conformed accordingly.
(2) If anything material to either party is omitted from or misstated in the record by
error or accident, the omission or misstatement may be corrected and a
supplemental record may be certified and forwarded:
(A) on stipulation of the parties;
(B) by the district court before or after the record has been forwarded; or
(C) by the court of appeals.
(3) All other questions as to the form and content of the record must be presented to the
court of appeals.
(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 1986, Apr. 30, 1991, eff.
Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; May 11, 1998, eff. Dec. 1, 1998; eff. Dec. 1, 2009.)
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FRAP 10 CIR. R. 10-1
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CIR. R. 10-3 FRAP 10
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FRAP 10 CIR. R. 10-3
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NOTE TO RULE 10-3 FRAP 10
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FRAP 11
(a) Appellant’s Duty. An appellant filing a notice of appeal must comply with Rule 10(b) and
must do whatever else is necessary to enable the clerk to assemble and forward the record.
If there are multiple appeals from a judgment or order, the clerk must forward a single
record.
(b) Duties of Reporter and District Clerk.
(1) Reporter's Duty to Prepare and File a Transcript. The reporter must prepare and
file a transcript as follows:
(A) Upon receiving an order for a transcript, the reporter must enter at the foot
of the order the date of its receipt and the expected completion date and send
a copy, so endorsed, to the circuit clerk.
(B) If the transcript cannot be completed within 30 days of the reporter's receipt
of the order, the reporter may request the circuit clerk to grant additional
time to complete it. The clerk must note on the docket the action taken and
notify the parties.
(C) When a transcript is complete, the reporter must file it with the district clerk
and notify the circuit clerk of the filing.
(D) If the reporter fails to file the transcript on time, the circuit clerk must notify
the district judge and do whatever else the court of appeals directs.
(2) District Clerk’s Duty to Forward. When the record is complete, the district clerk
must number the documents constituting the record and send them promptly to the
circuit clerk together with a list of the documents correspondingly numbered and
reasonably identified. Unless directed to do so by a party or the circuit clerk, the
district clerk will not send to the court of appeals documents of unusual bulk or
weight, physical exhibits other than documents, or other parts of the record
designated for omission by local rule of the court of appeals. If the exhibits are
unusually bulky or heavy, a party must arrange with the clerks in advance for their
transportation and receipt.
(c) Retaining the Record Temporarily in the District Court for Use in Preparing the
Appeal. The parties may stipulate, or the district court on motion may order, that the district
clerk retain the record temporarily for the parties to use in preparing the papers on appeal.
In that event the district clerk must certify to the circuit clerk that the record on appeal is
complete. Upon receipt of the appellee’s brief, or earlier if the court orders or the parties
agree, the appellant must request the district clerk to forward the record.
(d) [Abrogated]
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CIR. R. 11-1 FRAP 11
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FRAP 11 NOTE TO RULE 11-1.2
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CIR. R. 11-4 FRAP 11
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FRAP 11 CIR. R. 11-6
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FRAP 12
(a) Docketing the Appeal. Upon receiving the copy of the notice of appeal and the docket
entries from the district clerk under Rule 3(d), the circuit clerk must docket the appeal
under the title of the district-court action and must identify the appellant, adding the
appellant’s name if necessary.
(b) Filing a Representation Statement. Unless the court of appeals designates another time,
the attorney who filed the notice of appeal must, within 14 days after filing the notice, file
a statement with the circuit clerk naming the parties that the attorney represents on appeal.
(c) Filing the Record, Partial Record, or Certificate. Upon receiving the record, partial
record, or district clerk’s certificate as provided in Rule 11, the circuit clerk must file it and
immediately notify all parties of the filing date.
(As amended Apr. 1, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 1986; Apr. 22, 1993, eff.
Dec. 1, 1993; May 11, 1998; eff. Dec. 1, 1998; eff. Dec. 1, 2009.)
Cross Reference:
• Circuit Rule 3-1. Filing the Appeal on page 4
• Circuit Rule 3-2. Representation Statement on page 5
• Circuit Rule 3-4. Mediation Questionnaire on page 6
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FRAP 12.1 CIR. R. 12-1
(a) Notice to the Court of Appeals. If a timely motion is made in the district court for relief
that it lacks authority to grant because of an appeal that has been docketed and is pending,
the movant must promptly notify the circuit clerk if the district court states either that it
would grant the motion or that the motion raises a substantial issue.
(b) Remand After an Indicative Ruling. If the district court states that it would grant the
motion or that the motion raises a substantial issue, the court of appeals may remand for
further proceedings but retains jurisdiction unless it expressly dismisses the appeal. If the
court of appeals remands but retains jurisdiction, the parties must promptly notify the
circuit clerk when the district court has decided the motion on remand.
(New Dec. 1, 2009.)
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FRAP 13
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FRAP 13 CIR. R. 13-1
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CIR. R. 14-1 FRAP 14
All provisions of these rules, except Rules 4-9, 15-20, and 22-23, apply to the review of a Tax Court
decision.
(As amended Apr. 24, 1998, eff. Dec. 1, 1998.)
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FRAP 15
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CIR. R. 15-1 FRAP 15
(c) Service of the Petition or Application. The circuit clerk must serve a copy of the petition
for review, or an application or cross-application to enforce an agency order, on each
respondent as prescribed by Rule 3(d), unless a different manner of service is prescribed by
statute. At the time of filing, the petitioner must:
(1) serve, or have served, a copy on each party admitted to participate in the agency
proceedings, except for the respondents;
(2) file with the clerk a list of those so served; and
(3) give the clerk enough copies of the petition or application to serve each respondent.
(d) Intervention. Unless a statute provides another method, a person who wants to intervene
in a proceeding under this rule must file a motion for leave to intervene with the circuit clerk
and serve a copy on all parties. The motion — or other notice of intervention authorized by
statute — must be filed within 30 days after the petition for review is filed and must contain
a concise statement of the interest of the moving party and the grounds for intervention.
(e) Payment of Fees. When filing any separate or joint petition for review in a court of appeals,
the petitioner must pay the circuit clerk all required fees.
(As amended Apr. 22, 1993, eff. Dec. 1, 1993; May 11, 1998, eff. Dec. 1, 1998; eff. Dec. 1, 2009.)
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FRAP 15 NOTE TO RULE 15-2
(b) The requirement for filing a Mediation Questionnaire shall not apply to:
(1) a petition in which the petitioner is proceeding without the assistance of counsel;
and
(2) a petition for review of an order of the Board of Immigration Appeals.
Cross Reference:
• Circuit Rule 3-4. Mediation Questionnaire on page 6
• FRAP 33. Appeal Conferences on page 129
• Circuit Rule 33-1. Mediation Office -- Appeal Conferences on page 129
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CIR. R. 15-4 FRAP 15
(c) Any petitioners in 1 of 2 or more consolidated cases will be deemed to have intervened in
all consolidated cases. A party granted leave to intervene in 1 of a number of 2 or more
consolidated cases will be deemed to have intervened in all consolidated cases. Intervention
otherwise should be sought by motion under FRAP 15(d).
Cross Reference:
• Circuit Rule 1-2. Scope of Circuit Rules on page 1
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FRAP 15.1
In either an enforcement or a review proceeding, a party adverse to the National Labor Relations
Board proceeds first on briefing and at oral argument, unless the court orders otherwise.
(As added Mar. 10, 1986, eff. July 1, 1986; May 11, 1998, eff. Dec. 1, 1998)
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FRAP 16
(a) Composition of the Record. The record on review or enforcement of an agency order
consists of:
(1) the order involved;
(2) any findings or report on which it is based; and
(3) the pleadings, evidence, and other parts of the proceedings before the agency.
(b) Omissions From or Misstatements in the Record. The parties may at any time, by
stipulation, supply any omission from the record or correct a misstatement, or the court may
so direct. If necessary, the court may direct that a supplemental record be prepared and
filed.
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FRAP 17 CIR. R. 17-1
(a) Agency to File; Time for Filing; Notice of Filing. The agency must file the record with
the circuit clerk within 40 days after being served with a petition for review, unless the
statute authorizing review provides otherwise, or within 40 days after it files an application
for enforcement unless the respondent fails to answer or the court orders otherwise. The
court may shorten or extend the time to file the record. The clerk must notify all parties of
the date when the record is filed.
(b) Filing — What Constitutes.
(1) The agency must file:
(A) the original or a certified copy of the entire record or parts designated by the
parties; or
(B) a certified list adequately describing all documents, transcripts of testimony,
exhibits, and other material constituting the record, or describing those parts
designated by the parties.
(2) The parties may stipulate in writing that no record or certified list be filed. The date
when the stipulation is filed with the circuit clerk is treated as the date when the
record is filed.
(3) The agency must retain any portion of the record not filed with the clerk. All parts
of the record retained by the agency are a part of the record on review for all
purposes and, if the court or a party so requests, must be sent to the court regardless
of any prior stipulation.
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CIR. R. 17-1 FRAP 17
(b) Petitioners challenging a Board of Immigration Appeals order need not file the initial
excerpts and further excerpts; respondent need not file supplemental excerpts. (New 1/1/
05; Rev. 12/1/09)
Cross Reference:
• Circuit Rule 28-2. Contents of Briefs on page 103, specifically, 28-2.7. Addendum to Briefs on
page 104
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FRAP 17 CIR. R. 17-1
(vii) any other specific portions of any documents in the record that are cited in
petitioner's briefs and are necessary to the resolution of an issue on review; and
(Rev. 12/1/09)
(viii) where the petition is from the grant or denial of a motion, those specific portions of
any affidavits, declarations, exhibits or similar attachments submitted in support of
or in opposition to the motion that are essential to the resolution of an issue on
review.
(b) In addition to the items required by Circuit Rule 17-1.4(a), where the petition seeks review
of an agency adjudication regarding the grant or denial of benefits, the excerpts of record
shall also include the entire reporter's transcript of proceedings before the administrative
law judge. (Rev. 1/1/05)
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CIR. R. 17-2 FRAP 17
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FRAP 18
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FRAP 19
When the court files an opinion directing entry of judgment enforcing the agency’s order in part,
the agency must within 14 days file with the clerk and serve on each other party a proposed
judgment conforming to the opinion. A party who disagrees with the agency’s proposed judgment
must within 10 days file with the clerk and serve the agency with a proposed judgment that the
party believes conforms to the opinion. The court will settle the judgment and direct entry without
further hearing or argument.
(As amended Mar. 10, 1986, eff. July 1, 1986; May 11, 1998, eff. Dec. 1, 1998; eff. Dec. 1, 2009.)
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FRAP 20 CIR. R. 20-1
All provisions of these rules, except Rules 3-14 and 22-23, apply to the review or enforcement of
an agency order. In these rules, “appellant” includes a petitioner or applicant, and “appellee”
includes a respondent.
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FRAP 21
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FRAP 21 CIR. R. 21-1
(5) If briefing or oral argument is required, the clerk must advise the parties, and when
appropriate, the trial-court judge or amicus curiae.
(6) The proceeding must be given preference over ordinary civil cases.
(7) The circuit clerk must send a copy of the final disposition to the trial-court judge.
(c) Other Extraordinary Writs. An application for an extraordinary writ other than one
provided for in Rule 21(a) must be made by filing a petition with the circuit clerk with proof
of service on the respondents. Proceedings on the application must conform, so far as is
practicable, to the procedures prescribed in Rule 21(a) and (b).
(d) Form of Papers; Number of Copies. All papers must conform to Rule 32(c)(2). Except
by the court’s permission, a paper must not exceed 30 pages, exclusive of the disclosure
statement, the proof of service, and the accompanying documents required by
Rule 21(a)(2)(C). An original and 3 copies must be filed unless the court requires the filing
of a different number by local rule or by order in a particular case.
(As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 23, 1996, eff. Dec. 1, 1996; May 11, 1998, eff.
Dec. 1, 1998; eff. Dec. 1, 2002.)
Cross Reference:
• FRAP 22. Habeas Corpus and Section 2255 Proceedings on page 62
• Circuit Rule 27-1. Filing of Motions on page 87
• Circuit Rule 27-2. Motions for Stays Pending Appeal on page 90
• Circuit Rule 27-3. Emergency and Urgent Motions on page 90
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CIR. R. 21-3 FRAP 21
(b) The petitioner shall file an original of the petition and any supporting papers and
appendices. (New 7/1/00; Rev. 12/1/09)
Cross Reference: (Rev. 12/1/09)
• Circuit Rule 25-5. Electronic Filing on page 78, specifically, Circuit Rule 25-5(b), Documents
Excluded From Electronic Filing
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FRAP 21 CIR. R. 21-5
In emergency circumstances, an individual judge may grant temporary relief to permit a motions
panel to consider the petition, may decline to act, or may order that an answer be filed. If the judge
determines that immediate action on the merits is necessary, the judge will contact the members of
the court currently sitting as a motions panel until two or more judges can consider whether to
grant or deny the petition. Except in extreme emergencies, the judges will not grant a petition
without calling for an answer to the petition. (Rev. 7/1/00)
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CIR. R. 22-1 FRAP 22
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FRAP 22 CIR. R. 22-1
(b) District Court Records. If the district court denies a COA in full in a § 2254 proceeding
and the district court record cannot be accessed electronically, the district court clerk shall
forward the entire record to the court of appeals. If the district court denies a COA in full
in a § 2255 proceeding and the district court record cannot be accessed electronically, the
district court clerk shall forward that portion of the record beginning with the filing of the
§ 2255 motion. (Rev. 1/1/04; 12/1/09)
(c) Grant in Part or in Full by District Court. If the district court grants a COA as to any or
all issues, a briefing schedule will be established by the court at case opening and petitioner
shall brief only those issues certified or otherwise proceed according to section (e), below.
(Rev. 1/1/04; 3/11/04)
(d) Denial in Full by District Court. If the district court denies a COA as to all issues,
petitioner may file a motion for a COA in the court of appeals within 35 days of the district
court’s entry of its order (1) denying a COA in full, or, (2) denying a timely filed post-
judgment motion, whichever is later. If petitioner does not file a COA motion with the court
of appeals after the district court denies a COA motion in full, the court of appeals will
deem the notice of appeal to constitute a motion for a COA. If the court of appeals appoints
counsel to represent petitioner, counsel will be given additional time to file a renewed COA
motion. (Rev. 1/1/04; 12/1/09)
If petitioner files a motion for a COA with the court of appeals, respondent may, and in
capital cases with no pending execution date shall, file a response to the motion for a COA
within 35 days from service of the COA motion. In capital cases where an execution date
is scheduled and no stay is in place, respondent shall file a response as soon as practicable
after the date petitioner's motion is served or, if no motion is filed, as soon as practicable
after the district court’s entry of its order denying a COA. (New 1/1/04; Rev. 12/1/09)
If, after the district court has denied a COA in full, the motions panel also denies a COA in
full, petitioner, pursuant to Circuit Rule 27-10, may file a motion for reconsideration.
(New 1/1/04)
When a motions panel grants a COA in part and denies a COA in part, a briefing schedule
will be established and no motion for reconsideration will be entertained. Petitioner shall
brief only those issues certified or otherwise proceed according to section (e), below.
(New 1/1/04)
(e) Briefing Uncertified Issues. Petitioners shall brief only issues certified by the district court
or the court of appeals. Alternatively, if a petitioner concludes during the course of
preparing the opening brief, that an uncertified issue should be discussed in the brief, the
petitioner shall first brief all certified issues under the heading, “Certified Issues,” and then,
in the same brief, shall discuss any uncertified issues under the heading, “Uncertified
Issues.” Uncertified issues raised and designated in this manner will be construed as a
motion to expand the COA and will be addressed by the merits panel to such extent as it
deems appropriate. Except, in the extraordinary case, the court will not extend the length
of the brief to accommodate uncertified issues. (New 1/1/04)
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NOTE TO RULE 22-1 FRAP 22
(f) Response to Uncertified Issues. Respondent may, but need not, address any uncertified
issues in its responsive brief. The court will afford respondent an opportunity to respond
before relief is granted on any previously uncertified issue. (New 1/1/04)
Cross Reference: (New 1/1/04; Rev. 12/1/09)
• FRAP 27. Motions on page 85
• Circuit Rule 11-4. Retention of Physical Exhibits in the District Court, Transmittal of Clerk’s
Record on Request on page 38, specifically, 11-4.2. Retention of Physical Exhibits in the
District Court on page 38
• Circuit Rule 27-1. Filing of Motions on page 87
• FRAP 32. Form of Briefs, Appendices, and Other Papers on page 123, specifically,
FRAP 32(a)(5)(6)(7)
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FRAP 22 CIR. R. 22-2
(c) Duties. Once a case is assigned to a death penalty panel, the panel will handle all matters
pertaining to the case, including motions for leave to file a second or successive petition or
motion, appeals from authorized second or successive petitions or motions, any related
civil proceedings, and remands from the Supreme Court of the United States. When a case
is pending before a death penalty en banc court, any additional applications for relief
pertaining to that case will be assigned to the panel with responsibility for that case, unless
the question presented is such that its decision would resolve an issue then before the en
banc court, in which event the additional application will be assigned to the en banc court.
The determination as to whether the case is assigned to the panel or the en banc court is
made by the Chief Judge in consultation with the concerned panel and the en banc court.
(Rev. 12/1/09)
(d) The En Banc Court. The Clerk shall include in the pool of the names of all active judges,
the names of those eligible senior judges willing to serve on the en banc court. An eligible
senior judge is one who sat on the panel whose decision is subject to review. Judges shall
be assigned by random drawing from the pool, and in accordance with Circuit Rule 35-3.
Review by the en banc court may include not only orders granting or denying applications
for a certificate of appealability and motions to stay or vacate a stay of execution, but may
extend to all other issues on appeal.
(e) Stays of Execution. Counsel shall communicate with the Clerk of this court by telephone
as soon as it becomes evident that emergency relief will be sought from this court. Any
motion for a stay of execution filed before a case has been assigned to a death penalty panel
will be presented for decision to a motions panel. Once a death penalty panel has been
assigned, that panel then must decide all subsequent matters (unless the case is then before
the en banc court).
If a motion for a stay of execution is presented to a judge of this court not on the death
penalty panel rather than to the Clerk of the Court of Appeals, that judge shall refer the
motion to the Clerk, unless the execution is imminent. If an execution is imminent and the
death penalty panel has not yet determined whether to grant a stay pending final disposition
of the appeal, any judge may issue a temporary stay of a scheduled execution. Any judge
or judges who issue a temporary stay of execution shall immediately notify the Clerk and
the panel of such action. By majority vote, the panel may vacate such a stay of execution.
A motion for stay of execution shall state whether relief was sought in the district court and,
if so, whether all grounds advanced in support thereof in this court were submitted to the
district court and if not, why the matter should not be remanded to the district court or relief
denied for that reason. If a majority of the panel votes to deny the stay, it shall enter an order
to that effect and, unless impracticable, state the issues presented and the reasons for the
denial. If no execution date is set, the ordinary rules for obtaining en banc review of a three-
judge panel decision shall apply on a first petition or motion.
When the panel affirms a denial or reverses a grant of a first petition or motion, it shall enter
an order staying the mandate pursuant to FRAP 41(b). If the panel affirms the denial of a
first section 2254 petition or section 2255 motion in a capital case and denies a stay of
execution, any judge of the court may request en banc rehearing and issue a temporary stay
of execution.
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CIR. R. 22-3 FRAP 22
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FRAP 22 CIR. R. 22-4
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CIR. R. 22-4 FRAP 22
(d) En Banc Review. Any active or senior judge of the court may request that the en banc court
review the panel's order. The request shall be supported by a statement setting forth the
requesting judge’s reasons why the order should be vacated. If an execution date is
scheduled and imminent, the Clerk shall notify the parties when a request for rehearing en
banc is made and of the time frame for voting or, if no such request has been made, the
Clerk shall notify the parties upon expiration of the period to request en banc rehearing.
Such a request for rehearing en banc shall result in en banc review if a majority of active
judges votes in favor of en banc review. A judge’s failure to vote within the time established
by General Order 5.5(b) shall be considered a “yes” vote in favor of en banc review. The
en banc coordinator, if time permits, may set a schedule in which other judges may respond
to the points made in the request for en banc review. If a majority of active judges votes in
favor of en banc review, the Clerk shall notify the parties that the matter will receive en
banc review, and identify the members of the en banc court. (New 12/1/09)
Any active judge may request a rehearing of the decision of the en banc court by all the
active judges of the court. If no stay is in effect, such judge may issue a temporary stay. The
eleven-judge en banc court by majority vote may vacate such a temporary stay, and in that
event there will be no stay in effect unless a stay is granted by the full court. (New 12/1/09)
(e) Stays of Execution. In all capital cases where petitioner seeks a stay of execution, the Clerk
shall refer any motion for a stay of execution to the death penalty panel. Oral argument may
be held at the request of any member of the panel. If a majority of the panel votes to deny
the stay, it shall enter an order setting forth the issues presented and the reasons for the
denial. (New 12/1/09)
If the panel denies a stay of execution and the execution date is imminent, any judge of the
court who requests en banc review may issue a temporary stay of execution. That stay shall
lapse and be dissolved if a majority of active judges does not vote in favor of en banc
review. A judge’s failure to vote within the time established by General Order 5.5(b) shall
be considered a “yes” vote in favor of en banc review. (New 12/1/09)
If the matter receives en banc review, the stay shall remain in effect until the en banc court
completes voting on the question of granting a stay. Voting is complete when all available
judges have been polled and a majority of the en banc court has voted either to grant or deny
a stay. If at the completion of voting, a majority of the en banc court has not voted to grant
the stay, there will be no stay in effect unless granted by the full court. (New 12/1/09)
If a motion for a stay of execution is presented to a judge of this court not on the panel rather
than to the Clerk of the Court of Appeals, that judge shall refer the motion to the Clerk for
determination by the panel, unless the execution is imminent. If an execution is imminent
and the panel has not yet determined whether to grant a stay pending final disposition of
the appeal, any judge of the court may issue a temporary stay of a scheduled execution. Any
judge or judges who issue a temporary stay of execution shall immediately notify the Clerk
and the panel of such action. By majority vote the panel may vacate such a stay of
execution. (New 12/1/09)
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FRAP 22 NOTE TO RULE 22-4
If a motion for a stay of execution is presented to a judge of this court not on the panel,
counsel presenting such motion shall include in the materials presented a declaration that
shall reflect:
(i) why the motion is being presented to a single judge instead of the Clerk of the Court
of Appeals for reference to the panel;
(ii) the name of any other judge to whom the motion has been presented, including any
district judge, and the date when such application was made, and any ruling on the
motion;
(iii) what petitions, applications, motions and appeals are then pending before this court
in any case involving the same prisoner, together with a report of the status of each
such proceeding. (New 12/1/09)
Before presenting such a motion to a single judge, the applicant shall make every
practicable effort to notify the Clerk and opposing counsel and to serve the motion at the
earliest possible time. A certificate of counsel for the applicant shall follow the cover page
of the motion and shall contain:
(iv) the telephone numbers and office addresses of the attorneys for the parties;
(v) facts showing the existence and nature of the claimed emergency; and
(vi) when and how counsel for the other parties were notified and served with the
motion, or, if not notified and served, why that was not done.
If the relief sought was available in the district court, the motion shall state whether all
grounds advanced in support thereof in this court were submitted to the district court, and,
if not, why the matter should not be remanded to the district court or the relief denied for
that reason. (New 12/1/09)
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CIR. R. 22-6 FRAP 22
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FRAP 23
(a) Transfer of Custody Pending Review. Pending review of a decision in a habeas corpus
proceeding commenced before a court, justice, or judge of the United States for the release
of a prisoner, the person having custody of the prisoner must not transfer custody to another
unless a transfer is directed in accordance with this rule. When, upon application, a
custodian shows the need for a transfer, the court, justice, or judge rendering the decision
under review may authorize the transfer and substitute the successor custodian as a party.
(b) Detention or Release Pending Review of Decision Not to Release. While a decision not
to release a prisoner is under review, the court or judge rendering the decision, or the court
of appeals, or the Supreme Court, or a judge or justice of either court, may order that the
prisoner be:
(1) detained in the custody from which release is sought;
(2) detained in other appropriate custody; or
(3) released on personal recognizance, with or without surety.
(c) Release Pending Review of Decision Ordering Release. While a decision ordering the
release of a prisoner is under review, the prisoner must — unless the court or judge
rendering the decision, or the court of appeals, or the Supreme Court, or a judge or justice
of either court orders otherwise — be released on personal recognizance, with or without
surety.
(d) Modification of the Initial Order on Custody. An initial order governing the prisoner's
custody or release, including any recognizance or surety, continues in effect pending review
unless for special reasons shown to the court of appeals or the Supreme Court, or to a judge
or justice of either court, the order is modified or an independent order regarding custody,
release, or surety is issued.
(As amended Mar. 10, 1986, eff. July 1, 1986; May 11, 1998, eff. Dec. 1, 1998.)
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FRAP 24
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FRAP 24 CIR. R. 24-1
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FRAP 25
(a) Filing.
(1) Filing with the Clerk. A paper required or permitted to be filed in a court of
appeals must be filed with the clerk.
(2) Filing: Method and Timeliness.
(A) In general. Filing may be accomplished by mail addressed to the clerk, but
filing is not timely unless the clerk receives the papers within the time fixed
for filing.
(B) A brief or appendix. A brief or appendix is timely filed, however, if on or
before the last day for filing, it is:
(i) mailed to the clerk by First-Class Mail, or other class of mail that is
at least as expeditious, postage prepaid; or
(i) dispatched to a third-party commercial carrier for delivery to the
clerk within 3 days.
(C) Inmate filing. A paper filed by an inmate confined in an institution is timely
if deposited in the institution's internal mailing system on or before the last
day for filing. If an institution has a system designed for legal mail, the
inmate must use that system to receive the benefit of this rule. Timely filing
may be shown by a declaration in compliance with 28 U.S.C. § 1746 or by
a notarized statement, either of which must set forth the date of deposit and
state that first-class postage has been prepaid.
(D) Electronic filing. A court of appeals may by local rule permit or require
papers to be filed, signed, or verified by electronic means that are consistent
with technical standards, if any, that the Judicial Conference of the United
States establishes. A local rule may require filing by electronic means only
if reasonable exceptions are allowed. A paper filed by electronic means in
compliance with a local rule constitutes a written paper for the purpose of
applying these rules. (Rev. 12/1/06)
(3) Filing a Motion with a Judge. If a motion requests relief that may be granted by a
single judge, the judge may permit the motion to be filed with the judge; the judge
must note the filing date on the motion and give it to the clerk.
(4) Clerk’s Refusal of Documents. The clerk must not refuse to accept for filing any
paper presented for that purpose solely because it is not presented in proper form as
required by these rules or by any local rule or practice.
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FRAP 25
(5) Privacy Protection. An appeal in a case whose privacy protection was governed by
Federal Rule of Bankruptcy Procedure 9037, Federal Rule of Civil Procedure 5.2,
or Federal Rule of Criminal Procedure 49.1 is governed by the same rule on appeal.
In all other proceedings, privacy protection is governed by Federal Rule of Civil
Procedure 5.2, except that Federal Rule of Criminal Procedure 49.1 governs when
an extraordinary writ is sought in a criminal case. (Eff. 12/07)
(b) Service of All Papers Required. Unless a rule requires service by the clerk, a party must,
at or before the time of filing a paper, serve a copy on the other parties to the appeal or
review. Service on a party represented by counsel must be made on the party's counsel.
(c) Manner of Service.
(1) Service may be any of the following:
(A) personal, including delivery to a responsible person at the office of counsel;
(B) by mail;
(C) by third-party commercial carrier for delivery within 3 days; or
(D) by electronic means, if the party being served consents in writing.
(2) if authorized by local rule, a party may use the court’s transmission equipment to
make electronic service under Rule 25(c)(1)(D).
(3) When reasonable considering such factors as the immediacy of the relief sought,
distance, and cost, service on a party must be by a manner at least as expeditious as
the manner used to file the paper with the court.
(4) Service by mail or by commercial carrier is complete on mailing or delivery to the
carrier. Service by electronic means is complete on transmission, unless the party
making service is notified that the paper was not received by the party served.
(d) Proof of Service.
(1) A paper presented for filing must contain either of the following:
(A) an acknowledgment of service by the person served; or
(B) proof of service consisting of a statement by the person who made service
certifying:
(i) the date and manner of service;
(ii) the names of the persons served; and
(iii) their mail or electronic addresses, facsimile numbers, or the
addresses of the places of delivery, as appropriate for the manner of
service.
(2) When a brief or appendix is filed by mailing or dispatch in accordance with
Rule 25(a)(2)(B), the proof of service must also state the date and manner by which
the document was mailed or dispatched to the clerk.
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CIR. R. 25-1 FRAP 25
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FRAP 25 NOTE TO RULE 25-2
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CIR. R. 25-4 FRAP 25
Any document transmitted to the court by fax or e-mail must show service on all other parties by
fax, e-mail, or hand delivery, unless another form of service is authorized by the court. (Rev. 12/1/
09)
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FRAP 25 CIR. R. 25-5
If a technical malfunction prevents access to the Appellate ECF system for a protracted
period, the Court by special order may permit paper filings pending restoration of electronic
access.
(b) Documents excluded from electronic filing requirement.
(1) Petitions for review of agency orders under FRAP 15 and Circuit Rule 15-3;
(2) Applications for enforcement of agency orders under FRAP 15 and Circuit Rules
15-3 and 15-4;
(3) Petitions for permission to appeal under FRAP 5 and Circuit Rule 5-2;
(4) Petitions for writs of mandamus or prohibition under FRAP 21 and Circuit Rules
21-2 and 21-3;
(5) Applications for leave to file second or successive petitions under 28 U.S.C. § 2254
or motions under 28 U.S.C. § 2255 and Circuit Rule 22-3;
(6) Presentence reports and related documents under Circuit Rule 30-1.10;
(7) Requests for compensation for services and reimbursement for expenses under the
Criminal Justice Act, 18 U.S.C. § 3006a and Circuit Rule 4-1(f);
(8) Motions under the Criminal Justice Act for interim payment, advance authorization
for expert services and advance travel authorization;
(9) Documents to be maintained under seal and motions seeking leave to file a
document under seal under Circuit Rule 27-13;
(10) Motions filed before the assignment of a 9th Circuit docket number; and
(11) Excerpts of Record under Circuit Rules 17-1 and 30-1.
(c) Deadlines.
(1) When permitted. Electronic filing is permitted at any time other than when
precluded by system maintenance. Filings will be processed by the Court during the
Court’s business hours.
(2) Timeliness. An electronic filing successfully completed by 11:59 p.m. Pacific Time
will be entered on the Court’s docket as of that date. The Court’s Appellate ECF
system determines the date and time a filing is completed. If technical failure
prevents timely electronic filing of any document, the filing party shall preserve
documentation of the failure and seek appropriate relief from the court.
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NOTE TO RULE 25-5 FRAP 25
(d) Technical requirements. All documents must be submitted in Portable Document Format
(“PDF”). The version filed with the Court must be generated by publishing to PDF from
the original word processing file to permit the electronic version of the document to be
searched and copied. PDF images created by scanning paper documents are prohibited;
however, exhibits submitted as attachments to a document may be scanned and attached if
the filer does not possess a word processing file version of the attachment. Attachments
shall not exceed 5MB in size. Attachments that exceed that size must be divided into sub-
volumes.
(e) Signature. Electronic filings shall indicate each signatory by using an “s/” in addition to
the typed name of counsel or an unrepresented party. Documents filed on behalf of
separately represented parties or multiple pro se parties must indicate one signatory by
using an “s/” in addition to the typed name and attest that all other parties on whose behalf
the filing is submitted concur in the filing's content.
(f) Service. All filings require a certificate of service. A sample certificate may be found on
the Court’s website. When a document is submitted electronically, the Appellate ECF
system will automatically notify the other parties and counsel registered for electronic
filing of the submission; no service of paper copies upon other parties and counsel
registered for electronic filing is necessary. Registration for the Appellate ECF system
constitutes consent to electronic service. If a counsel has successfully applied for an
exemption from the electronic filing requirement, that counsel must serve paper copies
consistent with the applicable provisions of FRAP 25(c)(1); other parties to the litigation
must serve the exempt counsel in that fashion.
(g) Court-Issued Documents. Except as otherwise provided by these rules or court order,
electronically filed and distributed orders, decrees, and judgments constitute entry on the
docket under FRAP 36 and 45(b). Orders also may be issued as “text-only” entries on the
docket without an attached document. Such orders are official and binding.
Cross Reference:
• FRAP 25. Filing and Service on page 74, specifically, FRAP 25(a)(5), Privacy Protection
• Circuit Rule 26-2. Three Day Service Allowance on page 83
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FRAP 26
(a) Computing Time. The following rules apply in computing any time period specified in
these rules, in any local rule or court order, or in any statute that does not specify a method
of computing time.
(1) Period Stated in Days or a Longer Unit. When the period is stated in days or a
longer unit of time:
(A) exclude the day of the event that triggers the period;
(B) count every day, including intermediate Saturdays, Sundays, and legal
holidays; and
(C) include the last day of the period but if the last day is a Saturday, Sunday, or
legal holiday, the period continues to run until the end of the next day that
is not a Saturday, Sunday, or legal holiday.
(2) Period Stated in Hours. When the period is stated in hours:
(A) begin counting immediately on the occurrence of the event that triggers the
period;
(B) count every hour, including hours during intermediate Saturdays, Sundays
and legal holidays; and
(C) if the period would end on a Saturday, Sunday, or legal holiday, the period
continues to run until the same time on the next day that is not a Saturday,
Sunday, or legal holiday.
(3) Inaccessibility of the Clerk’s Office. Unless the court orders otherwise, if the
clerk’s office is inaccessible:
(A) on the last day for filing under Rule 26(a)(1), then the time for filing is
extended to the first accessible day that is not a Saturday, Sunday, or legal
holiday; or
(B) during the last hour for filing under Rule 26(a)(2), then the time for filing is
extended to the same time on the first accessible day that is not a Saturday,
Sunday, or legal holiday.
(4) “Last Day” Defined. Unless a different time is set by statute, local rule, or court
order, the last day ends:
(A) for electronic filing in the district court, at midnight in the court’s time zone;
(B) for electronic filing in the court of appeals, at midnight in the time zone of
the circuit clerk’s principal office;
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FRAP 26
(C) for filing under Rules 4(c)(1), 25(a)(2)(B), and 25(a)(2)(C) — and filing by
mail under Rule 13(b) — at the latest time for the method chosen for
delivery to the post office, third-party commercial carrier, or prison mailing
system; and
(D) for filing by other means, when the clerk’s office is scheduled to close.
(5) “Next Day” Defined. The “next day” is determined by continuing to count forward
when the period is measured after an event and backward when measured before an
event.
(6) “Legal Holiday” Defined. “Legal Holiday” means:
(A) the day set aside by statute for observing New Year's Day, Martin Luther
King, Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence
Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, or
Christmas Day;
(B) any day declared a holiday by the President or Congress; and
(C) for periods that are measured after an event, any other day declared a
holiday by the state where either of the following is located: the district
court that rendered the challenged judgment or order, or the circuit clerk’s
principal office.
(b) Extending Time. For good cause, the court may extend the time prescribed by these rules
or by its order to perform any act, or may permit an act to be done after that time expires.
But the court may not extend the time to file:
(1) a notice of appeal (except as authorized in Rule 4) or a petition for permission to
appeal; or
(2) a notice of appeal from or a petition to enjoin, set aside, suspend, modify, enforce,
or otherwise review an order of an administrative agency, board, commission, or
officer of the United States, unless specifically authorized by law.
(c) Additional Time after Service. When a party may or must act within a specified time
after service, 3 days are added after the period would otherwise expire under Rule 26(a),
unless the paper is delivered on the date of service stated in the proof of service. For
purposes of this Rule 26(c), a paper that is served electronically is not treated as delivered
on the date of service stated in the proof of service.
(As amended Mar. 1, 1971, eff. July 1, 1971; Mar. 10, 1986, eff. July 1, 1986; Apr. 25, 1989, eff.
Dec. 1, 1989; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996; May 11, 1998, eff.
Dec. 1, 1998; eff. Dec. 1, 2002; eff. Dec. 1, 2009)
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FRAP 26 CIR. R. 26-1
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FRAP 26.1
(a) Who Must File. Any nongovernmental corporate party to a proceeding in a court of
appeals must file a statement that identifies any parent corporation and any publicly held
corporation that owns 10% or more of it's stock or states that there is no such corporation.
(b) Time for Filing; Supplemental Filing. A party must file the Rule 26.1(a) statement with
the principal brief or upon filing a motion, response, petition, or answer in the court of
appeals, whichever occurs first, unless a local rule requires earlier filing. Even if the
statement has already been filed, the party's principal brief must include the statement
before the table of contents. A party must supplement its statement whenever the
information that must be disclosed under Rule 26.1(a) changes.
(c) Number of Copies. If the Rule 26.1(a) statement is filed before the principal brief, or if a
supplemental statement is filed, the party must file an original and 3 copies unless the court
requires a different number by local rule or by order in a particular case.
(As added Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 30, 1991, eff Dec. 1, 1991; Dec. 1, 1994; May 11,
1998, eff. Dec. 1, 1998; eff. Dec. 1, 2002.)
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FRAP 27
(a) In General.
(1) Application for Relief. An application for an order or other relief is made by
motion unless these rules prescribe another form. A motion must be in writing
unless the court permits otherwise.
(2) Contents of a Motion.
(A) Grounds and relief sought. A motion must state with particularity the
grounds for the motion, the relief sought, and the legal argument necessary
to support it.
(B) Accompanying documents.
(i) Any affidavit or other paper necessary to support a motion must be
served and filed with the motion.
(ii) An affidavit must contain only factual information, not legal
argument.
(iii) A motion seeking substantive relief must include a copy of the trial
court’s opinion or agency’s decision as a separate exhibit.
(C) Documents barred or not required.
(i) A separate brief supporting or responding to a motion must not be
filed.
(ii) A notice of motion is not required.
(iii) A proposed order is not required.
(3) Response.
(A) Time to file. Any party may file a response to a motion; Rule 27(a)(2)
governs its contents. The response must be filed within 10 days after service
of the motion unless the court shortens or extends the time. A motion
authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period
runs only if the court gives reasonable notice to the parties that it intends to
act sooner.
(B) Request for affirmative relief. A response may include a motion for
affirmative relief. The time to respond to the new motion, and to reply to that
response, are governed by Rule 27(a)(3)(A) and (a)(4). The title of the
response must alert the court to the request for relief.
(4) Reply to Response. Any reply to a response must be filed within 7 days after
service of the response. A reply must not present matters that do not relate to the
response.
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FRAP 27
(b) Disposition of a Motion for a Procedural Order. The court may act on a motion for a
procedural order — including a motion under Rule 26(b) — at any time without awaiting
a response, and may, by rule or by order in a particular case, authorize its clerk to act on
specified types of procedural motions. A party adversely affected by the court’s, or the
clerk’s, action may file a motion to reconsider, vacate, or modify that action. Timely
opposition filed after the motion is granted in whole or in part does not constitute a request
to reconsider, vacate, or modify the disposition; a motion requesting that relief must be
filed.
(c) Power of a Single Judge to Entertain a Motion. A circuit judge may act alone on any
motion, but may not dismiss or otherwise determine an appeal or other proceeding. A court
of appeals may provide by rule or by order in a particular case that only the court may act
on any motion or class of motions. The court may review the action of a single judge.
(d) Form of Papers; Page Limits; and Number of Copies.
(1) Format.
(A) Reproduction. A motion, response, or reply may be reproduced by any
process that yields a clear black image on light paper. The paper must be
opaque and unglazed. Only one side of the paper may be used.
(B) Cover. A cover is not required but there must be a caption that includes the
case number, the name of the court, the title of the case, and a brief
descriptive title indicating the purpose of the motion and identifying the
party or parties for whom it is filed. If a cover is used, it must be white.
(C) Binding. The document must be bound in any manner that is secure, does
not obscure the text, and permits the document to lie reasonably flat when
open.
(D) Paper size, line spacing, and margins. The document must be on 8½ by 11
inch paper. The text must be double-spaced, but quotations more than two
lines long may be indented and single-spaced. Headings and footnotes may
be single-spaced. Margins must be at least one inch on all four sides. Page
numbers may be placed in the margins, but no text may appear there.
(E) Typeface and type styles. The document must comply with the typeface
requirements of Rule 32(a)(5) and the type-style requirements of
Rule 32(a)(6). (New 1-1-06)
(2) Page Limits. A motion or a response to a motion must not exceed 20 pages,
exclusive of the corporate disclosure statement and accompanying documents
authorized by Rule 27(a)(2)(B), unless the court permits or directs otherwise. A
reply to a response must not exceed 10 pages.
(3) Number of Copies. An original and 3 copies must be filed unless the court requires
a different number by local rule or by order in a particular case.
(e) Oral Argument. A motion will be decided without oral argument unless the court orders
otherwise.
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FRAP 27 CIR. R. 27-1
(As amended Apr. 1, 1979, eff. Aug. 1, 1979; Dec. 1, 1994; May 11, 1998, eff. Dec. 1, 1998; eff.
Dec. 1, 2002; eff. Jan. 1, 2006; eff. Dec. 1, 2009.)
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NOTE TO RULE 27-1 FRAP 27
(2) Motions Acted on by a Single Judge. Under FRAP 27(c), a single judge may grant
or deny any motion which by order or rule the court has not specifically excluded, but a
single judge may not dismiss or otherwise effectively determine an appeal or other
proceeding. Thus, a single judge may not grant motions for sum-mary disposition,
dismissal, or remand. A single judge is not authorized to grant or deny in its entirety a
motion for stay or injunction pending appeal, but may grant or deny temporary relief in
emergency situations pending full consideration of the motion by a motions panel. (See
infra.) In addition, some types of motions may be ruled on by a single judge by virtue of a
particular rule or statute. For example, a single judge is authorized to grant a certificate
of appealability. (See 28 U.S.C. § 2253; FRAP 22.)
(3) Motions Acted on by Motions Panels.
(a) Motions Heard by the Motions Panels. The motions panel rules on
substantive motions, including motions to dismiss, for summary affirmance, for bail
and similar motions.
(b) Selection of Motions Panels. Judges are assigned to the three-judge motions
panel on a rotating basis by the clerk for a term of one month. The panels are
normally composed of three circuit judges in active service, but any senior circuit
judge who is willing to serve may be assigned to the panel. The three judges serving
on the motions panel rotate as lead judge, second judge and third judge. A single
motions panel is appointed for the entire circuit.
(c) Procedures for Disposition of Motions by the Motions Panel. All three
judges of the motions panel participate in ruling on motions that dispose of the
appeal. Other substantive motions are presented to two judges; if in agreement, they
decide the motion. The third judge participates only if
(i) one of the other members of the panel is disqualified or is otherwise
unavailable;
(ii) the other members of the panel disagree on the disposition of a motion; or
(iii) he or she is requested to participate by the other members of the panel.
A motions panel sits in San Francisco once a month. Motions are presented orally
to the panel by the motions attorneys or court law clerks when the panel sits. For
complex motions, the motions attorneys or court law clerks may prepare and
transmit to the panel in advance bench memoranda, the moving papers and relevant
portions of the record. Motions are referred by the clerk’s office to the motions
attorneys, who transmit them to the judges of the motions panel. If necessary,
emergency motions are acted on by telephone. (See Cir. R. 27-3 through 27-4 and
Advisory Committee Notes thereto.) (Rev. 12/1/09)
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FRAP 27 NOTE TO RULE 27-1
(d) Motions for Bail. Despite the provisions of FRAP 27(c), conferring broad
powers upon single judges to dispose of motions and the power granted “any judge
or justice” to grant bail or other relief, see 18 U.S.C. § 3041, the court has
determined that in the interest of uniformity, motions for bail are neither granted
nor denied by one judge. Therefore, it is required that motions for bail be routed
through the clerk’s office and considered by a motions panel. (See Circuit
Rule 9-1.1 and 9-1.2 as to the required form and content of motions for bail pending
trial or appeal.)
(4) Motions for Clarification, Reconsideration or Rehearing. A motion for
clarification, reconsideration, or rehearing of an order entered by a single judge or the
appellate commissioner is referred to that judge or the commissioner. If that individual
declines to grant reconsideration, rehearing, or clarification, the motion is referred to the
current motions panel.
A motion for clarification, rehearing or reconsideration of an order issued by a motions
panel is referred to the panel that entered the order, unless the case has been assigned to a
panel on the merits. (In the latter case, the motion is referred to the merits panel.)
Motions for clarification, reconsideration or rehearing of a motion are disfavored by the
Court and are rarely granted. The filing of such motions is discouraged. (See
Circuit Rule 27-10 as to time limits on filing motions for reconsideration.) (Rev. 7/95, 7/98)
(5) Position of Opposing Counsel. Counsel are encouraged to contact opposing counsel
prior to the filing of any motion and to either inform the court of the position of opposing
counsel or provide an explanation regarding the efforts made to obtain that position.
(6) Request to Amend the Briefing Schedule. A party may request modification of the
briefing schedule in conjunction with any request for other relief. The request for
modification of the briefing schedule should be included in the legend as well as the body
of the motion for other relief. (New Note 7/1/2000)
(7) Requests for Judicial Notice. Requests for judicial notice and responses thereto filed
during the pendency of the case are retained for review by the panel that will consider the
merits of the case. The parties may refer to the materials the request addresses with the
understanding that the Court may strike such references and related arguments if it declines
to grant the request.
Cross Reference:
• Circuit Advisory Committee Note to Rule 27-3 on page 91 regarding emergency motions
• Circuit Rule 25-2. Communications to the Court on page 76
• FRAP 32. Form of Briefs, Appendices, and Other Papers on page 123, specifically,
FRAP 32(c), Form of Other Papers
• FRAP 40. Petition for Panel Rehearing on page 147, specifically, FRAP 40(b), Petition for
Panel Rehearing, Form of Petition; Length
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CIR. R. 27-2 FRAP 27
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FRAP 27 NOTE TO RULE 27-3
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CIR. R. 27-4 FRAP 27
(3) Appropriate Application of Rule. The provisions of Circuit Rule 27-3 are intended to be
employed in instances where the absence of a response from the court by a date certain
would result in irreparable or significant harm to a party, e.g., a motion to reinstate an
immigration petition where petitioner faces imminent removal or to stay enforcement of a
district court order. The provisions of the rule are not intended for application to requests
for procedural relief, e.g., a motion for an extension of time to file a brief.
Cross Reference:
• Circuit Advisory Committee Note to Rule 31-2.2 on page 122
• Circuit Advisory Committee Note to Rule 32-2 on page 126
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FRAP 27 CIR. R. 27-6
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CIR. R. 27-9 FRAP 27
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FRAP 27 NOTE TO RULE 27-10
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CIR. R. 27-12 FRAP 27
(b) The schedule for record preparation and briefing shall be reset as necessary upon the court’s
disposition of the motion. Motions for reconsideration are disfavored and will not stay the
schedule unless otherwise ordered by the court. (Rev. 1/1/03)
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FRAP 27 NOTE TO RULE 27-13
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FRAP 28
(a) Appellant’s Brief. The appellant’s brief must contain, under appropriate headings and in
the order indicated:
(1) a corporate disclosure statement if required by Rule 26.1;
(2) a table of contents, with page references;
(3) a table of authorities — cases (alphabetically arranged), statutes, and other
authorities — with references to the pages of the brief where they are cited;
(4) a jurisdictional statement, including:
(A) the basis for the district court’s or agency’s subject-matter jurisdiction, with
citations to applicable statutory provisions and stating relevant facts
establishing jurisdiction;
(B) the basis for the court of appeals’ jurisdiction, with citations to applicable
statutory provisions and stating relevant facts establishing jurisdiction;
(C) the filing dates establishing the timeliness of the appeal or petition for
review; and
(D) an assertion that the appeal is from a final order or judgment that disposes
of all parties' claims, or information establishing the court of appeals’
jurisdiction on some other basis;
(5) a statement of the issues presented for review;
(6) a statement of the case briefly indicating the nature of the case, the course of
proceedings, and the disposition below;
(7) a statement of facts relevant to the issues submitted for review with appropriate
references to the record (see, Rule 28(e));
(8) a summary of the argument, which must contain a succinct, clear, and accurate
statement of the arguments made in the body of the brief, and which must not
merely repeat the argument headings;
(9) the argument, which must contain:
(A) appellant’s contentions and the reasons for them, with citations to the
authorities and parts of the record on which the appellant relies; and
(B) for each issue, a concise statement of the applicable standard of review
(which may appear in the discussion of the issue or under a separate heading
placed before the discussion of the issues);
(10) a short conclusion stating the precise relief sought; and
(11) the certificate of compliance, if required by Rule 32(a)(7)
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FRAP 28
(b) Appellee’s Brief. The appellee’s brief must conform to the requirements of Rule 28(a)(1)-
(9) and (11), except that none of the following need appear unless the appellee is
dissatisfied with the appellant’s statement:
(1) the jurisdictional statement;
(2) the statement of the issues;
(3) the statement of the case;
(4) the statement of the facts; and
(5) the statement of the standard of review.
(c) Reply Brief. The appellant may file a brief in reply to the appellee’s brief. Unless the court
permits, no further briefs may be filed. A reply brief must contain a table of contents, with
page references, and a table of authorities — cases (alphabetically arranged), statutes, and
other authorities — with references to the pages of the reply brief where they are cited.
(Rev. 1-1-06)
(d) References to Parties. In briefs and at oral argument, counsel should minimize use of the
terms “appellant” and “appellee.” To make briefs clear, counsel should use the parties'
actual names or the designations used in the lower court or agency proceeding, or such
descriptive terms as “the employee,” “the injured person,” “the taxpayer,” “the ship,” “the
stevedore.”
(e) References to the Record. References to the parts of the record contained in the appendix
filed with the appellant’s brief must be to the pages of the appendix. If the appendix is
prepared after the briefs are filed, a party referring to the record must follow one of the
methods detailed in Rule 30(c). If the original record is used under Rule 30(f) and is not
consecutively paginated, or if the brief refers to an unreproduced part of the record, any
reference must be to the page of the original document. For example:
• Answer p. 7;
• Motion for Judgment p. 2;
• Transcript p. 231.
Only clear abbreviations may be used. A party referring to evidence whose admissibility is
in controversy must cite the pages of the appendix or of the transcript at which the evidence
was identified, offered, and received or rejected.
(f) Reproduction of Statutes, Rules, Regulations, etc. If the court’s determination of the
issues presented requires the study of statutes, rules, regulations, etc., the relevant parts
must be set out in the brief or in an addendum at the end, or may be supplied to the court in
pamphlet form.
(g) [Reserved]
(h) [Reserved] (eff. 12-1-05)
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CIR. R. 28-1 FRAP 28
(i) Briefs in a Case Involving Multiple Appellants or Appellees. In a case involving more
than one appellant or appellee, including consolidated cases, any number of appellants or
appellees may join in a brief, and any party may adopt by reference a part of another's brief.
Parties may also join in reply briefs.
(j) Citation of Supplemental Authorities. If pertinent and significant authorities come to a
party's attention after the party's brief has been filed — or after oral argument but before
decision — a party may promptly advise the circuit clerk by letter, with a copy to all other
parties, setting forth the citations. The letter must state the reasons for the supplemental
citations, referring either to the page of the brief or to a point argued orally. The body of the
letter must not exceed 350 words. Any response must be made promptly and must be
similarly limited.
(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.)
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FRAP 28.1
(a) Applicability. This rule applies to a case in which a cross-appeal is filed. Rules 28(a)-
(c).31(a)(1), 32(a)(2), and 32(a)(7)(A)-(B) do not apply to such a case, except as otherwise
provided in this rule.
(b) Designation of Appellant. The party who files a notice of appeal first is the appellant for
the purposes of this rule and Rules 30 and 34. If notices are filed on the same day, the
plaintiff in the proceeding below is the appellant. These designations may be modified by
the parties' agreement or by court order.
(c) Briefs. In a case involving a cross-appeal;
(1) Appellant’s Principal Brief. The appellant must file a principal brief in the appeal.
That brief must comply with Rule 28(a).
(2) Appellee’s Principal and Response Brief. The appellee must file a principal brief
in the cross-appeal and must, in the same brief, respond to the principal brief in the
appeal. That appellee’s brief must comply with Rule 28(a), except that the brief
need not include a statement of the case or a statement of the facts unless the
appellee is dissatisfied with the appellant’s statement.
(3) Appellant’s Response and Reply Brief. The appellant must file a brief that
responds to the principal brief in the cross-appeal and may, in the same brief, reply
to the response in the appeal. That brief must comply with Rule 28(a)(2)-(9) and
(11), except that none of the following need appear unless the appellant is
dissatisfied with the appellee’s statement in the cross-appeal;
(A) the jurisdictional statement;
(B) the statement of the issues;
(C) the statement of the case;
(D) the statement of the facts; and
(E) the statement of the standard of review.
(4) Appellee’s Reply Brief. The appellee may file a brief in reply to the response in the
cross-appeal. That brief must comply with Rule 28(a)(2)-(3) and (11) and must be
limited to the issues presented by the cross-appeal.
(5) No Further Briefs. Unless the court permits, no further briefs may be filed in a case
involving a cross-appeal.
(d) Cover. Except for filings by unrepresented parties, the cover of the appellant’s principal
brief must be blue; the appellee’s principal and response brief, red; the appellant’s response
and reply brief, yellow; the appellee’s reply brief, gray; an intervenor's or amicus curiae's
brief, green; and any supplemental brief, tan. The front cover of a brief must contain the
information required by Rule 32(a)(2).
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FRAP 28.1
(e) Length.
(1) Page Limitation. Unless it complies with Rule 28.1(e)(2) and (3), the appellant’s
principal brief must not exceed 30 pages; the appellee’s principal and response
brief, 35 pages; the appellant's response and reply brief, 30 pages; and the appellee’s
reply brief, 15 pages.
(2) Type-Volume Limitation.
(A) The appellant’s principal brief or the appellant's response and reply brief is
acceptable if:
(i) it contains no more than 14,000 words; or
(ii) it uses a monospaced face and contains no more than 1,300 lines of
text.
(B) The appellee’s principal and response brief is acceptable if;
(i) it contains no more than 16,500 words; or
(ii) it uses a monospaced face and contains no more than 1,500 lines of
text.
(C) The appellee’s reply brief is acceptable if it contains no more than half of
the type volume specified in Rule 28.1(e)(2)(A).
(3) Certificate of Compliance. A brief submitted under Rule 28.1(e)(2) must comply
with Rule 32(a)(7)(C).
(f) Time to Serve and File a Brief. Briefs must be served and filed as follows:
(1) the appellant’s principal brief, within 40 days after the record is filed;
(2) the appellee’s principal and response brief, within 30 days after the appellant's
principal brief is served;
(3) the appellant’s response and reply brief, within 30 days after the appellee’s principal
and response brief is served; and
(4) the appellee’s reply brief, within 14 days after the appellant’s response and reply
brief is served, but at least 7 days before argument unless the court, for good cause,
allows a later filing.
(Eff. Dec. 1, 2009)
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FRAP 28.1 CIR. R. 28-2
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NOTE TO RULE 28-2 FRAP 28.1
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FRAP 28.1 CIR. R. 28-3
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NOTE TO RULE 28-4 FRAP 28.1
Cross Reference:
• Circuit Rule 31-2. Time for Service and Filing on page 121, specifically, 31-2.2. Extensions of
Time for Filing Briefs on page 121
• Circuit Rule 32-1. Form of Briefs: Certificate of Compliance on page 126
• Circuit Advisory Committee Note to Rule 33-1 on page 129
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FRAP 28.1 NOTE TO RULE 28-6
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FRAP 29
(a) When Permitted. The United States or its officer or agency, or a State, Territory,
Commonwealth, or the District of Columbia may file an amicus-curiae brief without the
consent of the parties or leave of court. Any other amicus curiae may file a brief only by
leave of court or if the brief states that all parties have consented to its filing.
(b) Motion for Leave to File. The motion must be accompanied by the proposed brief and
state:
(1) the movant's interest; and
(2) the reason why an amicus brief is desirable and why the matters asserted are
relevant to the disposition of the case.
(c) Contents and Form. An amicus brief must comply with Rule 32. In addition to the
requirements of Rule 32, the cover must identify the party or parties supported and indicate
whether the brief supports affirmance or reversal. If an amicus curiae is a corporation, the
brief must include a disclosure statement like that required of parties by Rule 26.1. An
amicus brief need not comply with Rule 28, but must include the following:
(1) a table of contents, with page references;
(2) a table of authorities — cases (alphabetically arranged), statutes and other
authorities — with references to the pages of the brief where they are cited;
(3) a concise statement of the identity of the amicus curiae, its interest in the case, and
the source of its authority to file;
(4) an argument, which may be preceded by a summary and which need not include a
statement of the applicable standard of review; and
(5) a certificate of compliance, if required by Rule 32(a)(7).
(d) Length. Except by the court’s permission, an amicus brief may be no more than one-half
the maximum length authorized by these rules for a party's principal brief. If the court
grants a party permission to file a longer brief, that extension does not affect the length of
an amicus brief.
(e) Time for Filing. An amicus curiae must file its brief, accompanied by a motion for filing
when necessary, no later than 7 days after the principal brief of the party being supported
is filed. An amicus curiae that does not support either party must file its brief no later than
7 days after the appellant’s or petitioner's principal brief is filed. A court may grant leave
for later filing, specifying the time within which an opposing party may answer.
(f) Reply Brief. Except by the court’s permission, an amicus curiae may not file a reply brief.
(g) Oral Argument. An amicus curiae may participate in oral argument only with the court’s
permission.
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FRAP 29 CIR. R. 29-1
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CIR. R. 29-2 FRAP 29
(3) Unless otherwise ordered by the court, a brief submitted after the court has voted to
rehear a case en banc shall not exceed 25 pages unless it complies with the
alternative length limits of 7,000 words or 650 lines of monospaced text. Motions
for leave to file an oversize brief are disfavored.
(d) Number of Copies.
(1) If a petition for rehearing en banc has been granted and the brief is not required to
be submitted electronically, an original and 20 copies of the brief shall be submitted.
(2) For all other briefs described by this rule that are not required to be submitted
electronically, an original shall be submitted.
The Clerk may order the submission of paper copies or additional copies of any brief filed
pursuant to this rule. (Rev. 12/1/09)
(e) Time for Filing.
(1) Brief Submitted to Support or Oppose a Petition for Rehearing. An amicus
curiae must serve its brief along with any necessary motion no later than 10 days
after the petition or response of the party the amicus wishes to support is filed or is
due. An amicus brief that does not support either party must be served along with
any necessary motion no later than 10 days after the petition is filed. Motions for
extensions of time to file an amicus curiae brief submitted under this rule are
disfavored. (Rev. 12/1/09)
(2) Briefs Submitted During the Pendency of Rehearing. Unless the court orders
otherwise, an amicus curiae supporting the position of the petitioning party or not
supporting either party must serve its brief, along with any necessary motion, no
later than 21days after the petition for rehearing is granted. Unless the court orders
otherwise, an amicus curiae supporting the position of the responding party must
serve its brief, along with any necessary motion, no later than 35 days after the
petition for panel or en banc rehearing is granted. Motions for extensions of time to
file an amicus curiae brief submitted under this rule are disfavored. (Rev. 12/1/09)
(f) Circulation. Motions for leave to file an amicus curiae brief to support or oppose a petition
for panel rehearing are circulated to the panel. Motions for leave to file an amicus curiae
brief to support or oppose a petition for en banc rehearing are circulated to all members of
the court. Motions for leave to file an amicus curiae brief during the pendency of en banc
rehearing are circulated to the en banc court. (New 7/1/07)
Cross Reference:
• FRAP 29. Brief of an Amicus Curiae on page 108
• Circuit Rule 25-4. Calendared Cases on page 78
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FRAP 29 NOTE TO RULE 29-2
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FRAP 30
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FRAP 30
(2) Costs of Appendix. Unless the parties agree otherwise, the appellant must pay the
cost of the appendix. If the appellant considers parts of the record designated by the
appellee to be unnecessary, the appellant may advise the appellee, who must then
advance the cost of including those parts. The cost of the appendix is a taxable cost.
But if any party causes unnecessary parts of the record to be included in the
appendix, the court may impose the cost of those parts on that party. Each circuit
must, by local rule, provide for sanctions against attorneys who unreasonably and
vexatiously increase litigation costs by including unnecessary material in the
appendix.
(c) Deferred Appendix.
(1) Deferral Until After Briefs Are Filed. The court may provide by rule for classes
of cases or by order in a particular case that preparation of the appendix may be
deferred until after the briefs have been filed and that the appendix may be filed 21
days after the appellee’s brief is served. Even though the filing of the appendix may
be deferred, Rule 30(b) applies; except that a party must designate the parts of the
record it wants included in the appendix when it serves its brief, and need not
include a statement of the issues presented.
(2) References to the Record.
(A) If the deferred appendix is used, the parties may cite in their briefs the
pertinent pages of the record. When the appendix is prepared, the record
pages cited in the briefs must be indicated by inserting record page numbers,
in brackets, at places in the appendix where those pages of the record appear.
(B) A party who wants to refer directly to pages of the appendix may serve and
file copies of the brief within the time required by Rule 31(a), containing
appropriate references to pertinent pages of the record. In that event, within
14 days after the appendix is filed, the party must serve and file copies of
the brief, containing references to the pages of the appendix in place of or in
addition to the references to the pertinent pages of the record. Except for the
correction of typographical errors, no other changes may be made to the
brief.
(d) Format of the Appendix. The appendix must begin with a table of contents identifying the
page at which each part begins. The relevant docket entries must follow the table of
contents. Other parts of the record must follow chronologically. When pages from the
transcript of proceedings are placed in the appendix, the transcript page numbers must be
shown in brackets immediately before the included pages. Omissions in the text of papers
or of the transcript must be indicated by asterisks. Immaterial formal matters (captions,
subscriptions, acknowledgments, etc.) should be omitted.
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CIR. R. 30-1 FRAP 30
(e) Reproduction of Exhibits. Exhibits designated for inclusion in the appendix may be
reproduced in a separate volume, or volumes, suitably indexed. Four copies must be filed
with the appendix, and one copy must be served on counsel for each separately represented
party. If a transcript of a proceeding before an administrative agency, board, commission,
or officer was used in a district-court action and has been designated for inclusion in the
appendix, the transcript must be placed in the appendix as an exhibit.
(f) Appeal on the Original Record Without an Appendix. The court may, either by rule for
all cases or classes of cases or by order in a particular case, dispense with the appendix and
permit an appeal to proceed on the original record with any copies of the record, or relevant
parts, that the court may order the parties to file.
(As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 10, 1986, eff. July 1, 1986; Apr. 30, 1991, eff.
Dec. 1, 1991; Dec. 1, 1994; May 11, 1998, eff. Dec. 1, 1998; eff. Dec. 1, 2009)
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FRAP 30 CIR. R. 30-1
Cross Reference:
• Circuit Rule 25-5. Electronic Filing on page 78, specifically, Circuit Rule 25-5(b)(11),
Documents excluded from electronic filing requirement
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CIR. R. 30-1 FRAP 30
Cross Reference:
• Circuit Rule 30-1. The Excerpts of Record on page 114, specifically,
30-1.10. Presentence Reports on page 119
(c) In addition to the items required by Circuit Rule 30-1.4(a), in civil appeals the excerpts of
record shall also include: (Rev. 7/1/03)
(i) the final pretrial order, or, if the final pretrial order does not set out the issues to be
tried, the final complaint and answer, petition and response, or other pleadings
setting out those issues, and;
(ii) where the appeal is from the grant or denial of a motion, those specific portions of
any affidavits, declarations, exhibits or similar attachments submitted in support of
or in opposition to the motion that are essential to the resolution of an issue on
appeal; and
(iii) where the appeal is from a district court order reviewing an agency’s benefits
determination, the entire reporter's transcript of proceedings before the
administrative law judge if such transcript was filed with the district court. (New 7/
1/03)
Cross Reference:
• Circuit Rule 28-2. Contents of Briefs on page 103, specifically, 28-2.5.-Reviewability
and Standard of Review on page 103
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FRAP 30 NOTE TO RULE 30-1.6
file date in chronological order beginning with the document with the most recent file date.
Reporter's transcripts or portions thereof shall be placed according to the date of the
hearing. The trial court docket shall always be the last document in the excerpts. The 4
copies of the excerpts are to be reproduced on letter size light paper by any duplicating or
copying process capable of producing a clear black image. Each copy must be securely
bound on the left side and must have a white cover styled as described in FRAP 32(a),
except that the wording “Excerpts of Record” shall be substituted for “Brief of Appellant.”
The cover shall include the volume number. The excerpts must be either consecutively
paginated beginning with page 1, or the documents marked with tabs corresponding to the
tab number, if any, of the documents in the clerk’s record. If tabs are used, the pages within
the tabs must be consecutively paginated. The excerpts must begin with an index organized
in the order the documents are presented describing the documents, exhibits and portions
of the reporter's transcript contained therein, the location where the documents and exhibits
may be found in the district court record, and the page where the documents, exhibits or
transcript portions may be found in the excerpts. The excerpts shall be filed in multiple
volumes, with each volume containing three hundred (300) pages or fewer. (Rev. 7/1/98;
12/02; 7/1/07; 12/1/09)
(b) Excerpts of Record that do not exceed 75 pages
The documents in the excerpts normally shall be arranged by file date in chronological
order beginning with the document with the most recent file date. Reporter's transcripts or
portions thereof shall be placed according to the date of the hearing. The document with the
most recent file date should appear under the first tab or should be paginated beginning with
page 1. The trial court docket shall always be the last document in the excerpts. The 4
copies of the excerpts are to be reproduced on letter size light paper by any duplicating or
copying process capable of producing a clear black image. Each copy must be securely
bound on the left side and must have a white cover styled as described in FRAP 32(a),
except that the wording “Excerpts of Record” shall be substituted for “Brief of Appellant.”
The excerpts must be either consecutively paginated beginning with page 1, or the
documents marked with tabs corresponding to the tab number, if any, of the documents in
the clerk’s record. If tabs are used, the pages within the tabs must be consecutively
paginated. The excerpts must begin with an index organized in the order the documents are
presented describing the documents, exhibits and portions of the reporter's transcript
contained therein, the location where the documents and exhibits may be found in the
district court record, and the page where the documents, exhibits or transcript portions may
be found in the excerpts. (Rev. 7/1/98, 12/02, 7/1/07; 12/1/09)
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FRAP 30
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FRAP 30 CIR. R. 30-2
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CIR. R. 31-1 FRAP 31
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FRAP 31 CIR. R. 31-2
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NOTE TO RULE 31-2.2 FRAP 31
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FRAP 32
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FRAP 32
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FRAP 32 CIR. R. 32
(b) Form of an Appendix. An appendix must comply with Rule 32(a)(1), (2), (3), and (4),
with the following exceptions:
(1) The cover of a separately bound appendix must be white.
(2) An appendix may include a legible photocopy of any document found in the record
or of a printed judicial or agency decision.
(3) When necessary to facilitate inclusion of odd-sized documents such as technical
drawings, an appendix may be a size other than 8½ by 11 inches, and need not lie
reasonably flat when opened.
(c) Form of Other Papers.
(1) Motion. The form of a motion is governed by Rule 27(d).
(2) Other Papers. Any other paper, including a petition for panel rehearing and a
petition for hearing or rehearing en banc, and any response to such a petition, must
be reproduced in the manner prescribed by Rule 32(a), with the following
exceptions:
(A) A cover is not necessary if the caption and signature page of the paper
together contain the information required by Rule 32(a)(2). If a cover is
used, it must be white.
(B) Rule 32(a)(7) does not apply.
(d) Signature. Every brief, motion, or other paper filed with the court must be signed by the
party filing the paper or, if the party is represented, by one of the party's attorneys.
(e) Local Variation. Every court of appeals must accept documents that comply with the form
requirements of this rule. By local rule or order in a particular case a court of appeals may
accept documents that do not meet all of the form requirements of this rule.
(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.)
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CIR. R. 32-1 FRAP 32
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FRAP 32 CIR. R. 32-4
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FRAP 32.1
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FRAP 33 CIR. R. 33-1
The court may direct the attorneys — and, when appropriate, the parties — to participate in one or
more conferences to address any matter that may aid in disposing of the proceedings, including
simplifying the issues and discussing settlement. A judge or other person designated by the court
may preside over the conference, which may be conducted in person or by telephone. Before a
settlement conference, the attorneys must consult with their clients and obtain as much authority
as feasible to settle the case. The court may, as a result of the conference, enter an order controlling
the course of the proceedings or implementing any settlement agreement.
(As amended Dec. 1, 1994; May 11, 1998, eff. Dec. 1, 1998.)
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NOTE TO RULE 33-1 FRAP 33
Counsel should discuss settlement with their principals prior to a conference scheduled
under this rule. (Rev. 12/1/09)
(b) Appeal Case Management Conference. In any case the Court may direct either sua sponte
or upon request of a party that a telephone or in-person case management conference be
held before an Appellate Commissioner, a senior staff member in the Clerk’s office, or a
staff attorney. The purpose of a case management conference is to manage the appeal
effectively and develop a briefing plan for complex appeals. If a case is selected for a case
management conference, counsel shall be notified by order of the date and time of the
conference. Case management conferences are held only in exceptional circumstances,
such as complex cases involving numerous separately represented litigants or extensive
district court/agency proceedings. (Rev. 1/97)
(c) Binding Determinations by Appellate Commissioner. In the context of a settlement or
mediation in a civil appeal, the parties may stipulate to having one or more issues in their
appeal referred for a binding determination by an Appellate Commissioner. Where the
parties enter into such a stipulation, the matter may be handled with abbreviated and
accelerated briefing and a guaranteed opportunity for in-person or telephonic oral
argument before the Appellate Commissioner. The Appellate Commissioner will issue a
determination and, if requested, a written statement of reasons. The determination will
have no precedential effect and will be final and nonreviewable. Cases will ordinarily be
referred to the Appellate Commissioner through the Court’s mediation program. In some
instances, the Court’s pro se unit may also alert parties to the availability of this program.
For further information, please contact the Circuit Mediation Office at (415) 355-7900.
(New 7/01)
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FRAP 34
(a) In General.
(1) Party's Statement. Any party may file, or a court may require by local rule, a
statement explaining why oral argument should, or need not, be permitted.
(2) Standards. Oral argument must be allowed in every case unless a panel of three
judges who have examined the briefs and record unanimously agrees that oral
argument is unnecessary for any of the following reasons:
(A) the appeal is frivolous;
(B) the dispositive issue or issues have been authoritatively decided; or
(C) the facts and legal arguments are adequately presented in the briefs and
record, and the decisional process would not be significantly aided by oral
argument.
(b) Notice of Argument; Postponement. The clerk must advise all parties whether oral
argument will be scheduled, and, if so, the date, time, and place for it, and the time allowed
for each side. A motion to postpone the argument or to allow longer argument must be filed
reasonably in advance of the hearing date.
(c) Order and Contents of Argument. The appellant opens and concludes the argument.
Counsel must not read at length from briefs, records, or authorities.
(d) Cross-Appeals and Separate Appeals. If there is a cross-appeal, Rule 28.1(b) determines
which party is the appellant and which is the appellee for purposes of oral argument. Unless
the court directs otherwise, a cross-appeal or separate appeal must be argued when the
initial appeal is argued. Separate parties should avoid duplicative argument.
(e) Nonappearance of a Party. If the appellee fails to appear for argument, the court must
hear appellant’s argument. If the appellant fails to appear for argument, the court may hear
the appellee’s argument. If neither party appears, the case will be decided on the briefs,
unless the court orders otherwise.
(f) Submission on Briefs. The parties may agree to submit a case for decision on the briefs,
but the court may direct that the case be argued.
(g) Use of Physical Exhibits at Argument; Removal. Counsel intending to use physical
exhibits other than documents at the argument must arrange to place them in the courtroom
on the day of the argument before the court convenes. After the argument, counsel must
remove the exhibits from the courtroom, unless the court directs otherwise. The clerk may
destroy or dispose of the exhibits if counsel does not reclaim them within a reasonable time
after the clerk gives notice to remove them.
(As amended Apr. 1, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 1986; Apr. 30, 1991, eff.
Dec.1, 1991, Apr. 22, 1993, eff. Dec. 1, 1993; May 11, 1998, eff. Dec. 1, 1998.)
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CIR. R. 34-1 FRAP 34
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FRAP 34 CIR. R. 34-4
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FRAP 35
(a) When Hearing or Rehearing En Banc May Be Ordered. A majority of the circuit judges
who are in regular active service and who are not disqualified may order that an appeal or
other proceeding be heard or reheard by the court of appeals en banc. An en banc hearing
or rehearing is not favored and ordinarily will not be ordered unless:
(1) en banc consideration is necessary to secure or maintain uniformity of the court’s
decisions; or
(2) the proceeding involves a question of exceptional importance.
(b) Petition for Hearing or Rehearing En Banc. A party may petition for a hearing or
rehearing en banc.
(1) The petition must begin with a statement that either:
(A) the panel decision conflicts with a decision of the United States Supreme
Court or of the court to which the petition is addressed (with citation to the
conflicting case or cases) and consideration by the full court is therefore
necessary to secure and maintain uniformity of the court’s decisions; or
(B) the proceeding involves one or more questions of exceptional importance,
each of which must be concisely stated; for example, a petition may assert
that a proceeding presents a question of exceptional importance if it
involves an issue on which the panel decision conflicts with the
authoritative decisions of other United States Courts of Appeals that have
addressed the issue.
(2) Except by the court’s permission, a petition for an en banc hearing or rehearing must
not exceed 15 pages, excluding material not counted under Rule 32.
(3) For purposes of the page limit in Rule 35(b)(2), if a party files both a petition for
panel rehearing and a petition for rehearing en banc, they are considered a single
document even if they are filed separately, unless separate filing is required by local
rule.
(c) Time for Petition for Hearing or Rehearing En Banc. A petition that an appeal be heard
initially en banc must be filed by the date when the appellee’s brief is due. A petition for a
rehearing en banc must be filed within the time prescribed by Rule 40 for filing a petition
for rehearing.
(d) Number of Copies. The number of copies to be filed must be prescribed by local rule and
may be altered by order in a particular case.
(e) Response. No response may be filed to a petition for an en banc consideration unless the
court orders a response.
(f) Call for a Vote. A vote need not be taken to determine whether the case will be heard or
reheard en banc unless a judge calls for a vote.
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FRAP 35 CIR. R. 35-1
(As amended Apr. 1, 1979, eff. Aug. 1, 1979; Dec. 1, 1994; May 11, 1998, eff. Dec. 1, 1998.)
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NOTE TO RULES 35-1 TO 35-3 FRAP 35
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FRAP 35 CIR. R. 35-4
(3) Grant of Rehearing En Banc. When the court votes to rehear a matter en banc, the Chief
Judge will enter an order so indicating. The vote tally is not communicated to the parties.
The three-judge panel opinion shall not be cited as precedent by or to this court or any
district court of the Ninth Circuit, except to the extent adopted by the en banc court. (Rev. 1/
1/00)
After the en banc court is chosen, the judges on the panel decide whether there will be oral
argument or additional briefing. If there is to be oral argument, the Chief Judge (or the next
senior active judge as the case may be) will enter an order designating the date, time and
place of argument. If no oral argument is to be heard, the Chief Judge will designate a date,
time, and place for a conference of the en banc court. That date will ordinarily be the
submission date of the case. If any issues have been isolated for specific attention, the order
may also set forth those issues and additional briefing may be ordered. (Rev. 1/03; 12/1/09)
Cross Reference:
• FRAP 32. Form of Briefs, Appendices, and Other Papers on page 123, specifically,
FRAP 32(c)(2)
• FRAP 40. Petition for Panel Rehearing on page 147
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CIR. R. 36-1 FRAP 36
(a) Entry. A judgment is entered when it is noted on the docket. The clerk must prepare, sign,
and enter the judgment:
(1) after receiving the court’s opinion — but if settlement of the judgment's form is
required, after final settlement; or
(2) if a judgment is rendered without an opinion, as the court instructs.
(b) Notice. On the date when judgment is entered, the clerk must serve on all parties a copy of
the opinion — or the judgment, if no opinion was written — and a notice of the date when
the judgment was entered.
(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.)
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FRAP 36 CIR. R. 36-3
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CIR. R. 36-4 FRAP 36
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FRAP 37
(a) When the Court Affirms. Unless the law provides otherwise, if a money judgment in a
civil case is affirmed, whatever interest is allowed by law is payable from the date when the
district court’s judgment was entered.
(b) When the Court Reverses. If the court modifies or reverses a judgment with a direction
that a money judgment be entered in the district court, the mandate must contain
instructions about the allowance of interest.
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FRAP 38
If a court of appeals determines that an appeal is frivolous, it may, after a separately filed motion
or notice from the court and reasonable opportunity to respond, award just damages and single or
double costs to the appellee.
(As amended Dec. 1, 1994; May 11, 1998, eff. Dec. 1, 1998.)
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FRAP 39
(a) Against Whom Assessed. The following rules apply unless the law provides or the court
orders otherwise:
(1) if an appeal is dismissed, costs are taxed against the appellant, unless the parties
agree otherwise;
(2) if a judgment is affirmed, costs are taxed against the appellant;
(3) if a judgment is reversed, costs are taxed against the appellee;
(4) if a judgment is affirmed in part, reversed in part, modified, or vacated, costs are
taxed only as the court orders.
(b) Costs For and Against the United States. Costs for or against the United States, its
agency, or officer will be assessed under Rule 39(a) only if authorized by law.
(c) Costs of Copies. Each court of appeals must, by local rule, fix the maximum rate for taxing
the cost of producing necessary copies of a brief or appendix, or copies of records
authorized by Rule 30(f). The rate must not exceed that generally charged for such work in
the area where the clerk’s office is located and should encourage economical methods of
copying.
(d) Bill of Costs: Objections; Insertion in Mandate.
(1) A party who wants costs taxed must — within 14 days after entry of judgment —
file with the circuit clerk, with proof of service, an itemized and verified bill of
costs.
(2) Objections must be filed within 14 days after service of the bill of costs, unless the
court extends the time.
(3) The clerk must prepare and certify an itemized statement of costs for insertion in
the mandate, but issuance of the mandate must not be delayed for taxing costs. If
the mandate issues before costs are finally determined, the district clerk must —
upon the circuit clerk’s request — add the statement of costs, or any amendment of
it, to the mandate.
(e) Costs on Appeal Taxable in the District Court. The following costs on appeal are taxable
in the district court for the benefit of the party entitled to costs under this rule:
(1) the preparation and transmission of the record;
(2) the reporter's transcript, if needed to determine the appeal;
(3) premiums paid for a supersedeas bond or other bond to preserve rights pending
appeal; and
(4) the fee for filing the notice of appeal.
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CIR. R. 39-1 FRAP 39
(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 1986; May 11, 1998, eff.
Dec. 1, 1998; eff. Dec. 1, 2009.)
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FRAP 39 NOTE TO RULE 39-1.6
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CIR. R. 39-2 FRAP 39
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FRAP 40
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CIR. R. 40-1 FRAP 40
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FRAP 40 CIR. R. 40-2
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CIR. R. 41-1 FRAP 41
(a) Contents. Unless the court directs that a formal mandate issue, the mandate consists of a
certified copy of the judgment, a copy of the court’s opinion, if any, and any direction about
costs.
(b) When Issued. The court’s mandate must issue 7 days after the time to file a petition for
rehearing expires, or 7 days after entry of an order denying a timely petition for panel
rehearing, petition for rehearing en banc, or motion for stay of mandate, whichever is later.
The court may shorten or extend the time.
(c) Effective Date. The mandate is effective when issued.
(d) Staying the Mandate.
(1) On Petition for Rehearing or Motion. The timely filing of a petition for panel
rehearing, petition for rehearing en banc, or motion for stay of mandate, stays the
mandate until disposition of the petition or motion, unless the court orders
otherwise.
(2) Pending Petition for Certiorari.
(A) A party may move to stay the mandate pending the filing of a petition for a
writ of certiorari in the Supreme Court. The motion must be served on all
parties and must show that the certiorari petition would present a substantial
question and that there is good cause for a stay.
(B) The stay must not exceed 90 days, unless the period is extended for good
cause or unless the party who obtained the stay files a petition for the writ
and so notifies the circuit clerk in writing within the period of the stay. In
that case, the stay continues until the Supreme Court’s final disposition.
(C) The court may require a bond or other security as a condition to granting or
continuing a stay of the mandate.
(D) The court of appeals must issue the mandate immediately when a copy of a
Supreme Court order denying the petition for writ of certiorari is filed.
(As amended Dec. 1, 1994; May 11, 1998, eff. Dec. 1, 1998; eff. Dec. 1, 2002; eff. Dec. 1, 2009.)
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FRAP 41 NOTE TO RULE 41-1
In other cases, including National Labor Relations Board proceedings, the Court may likewise
deny a motion for stay of mandate upon the basis of a similar determination.
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CIR. R. 42-1 FRAP 42
(a) Dismissal in the District Court. Before an appeal has been docketed by the circuit clerk,
the district court may dismiss the appeal on the filing of a stipulation signed by all parties
or on the appellant’s motion with notice to all parties.
(b) Dismissal in the Court of Appeals. The circuit clerk may dismiss a docketed appeal if the
parties file a signed dismissal agreement specifying how costs are to be paid and pay any
fees that are due. But no mandate or other process may issue without a court order. An
appeal may be dismissed on the appellant’s motion on terms agreed to by the parties or
fixed by the court.
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FRAP 43
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FRAP 44
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FRAP 45
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FRAP 46
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FRAP 46 CIR. R. 46-1
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NOTE TO RULE 46-2 FRAP 46
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FRAP 46 CIR. R. 46-3
(6) Against counsel for failure to comply with the requirements of FRAP 28 and Circuit Rules
28-1 through 28-3, dealing with the form and content of briefs on appeal. See, e.g., Mitchel
v. General Electric Co., 689 F.2d 877 (9th Cir. 1982).
(7) Against counsel for conduct that violates the orders or other instructions of the Court, or
for failure to comply with the Federal Rules of Appellate Procedure or any Circuit Rule.
(8) Under the inherent powers of the Court. See, e.g., Chambers v. Nasco, Inc., 501 U.S. 32,
45-50 (1991).
(9) As a form of discipline under FRAP 46(c) and Circuit Rule 46-2, with notice of such
sanctions provided to the appropriate courts and state disciplinary agencies when the court
deems such notice to be justified. (Rev. 1/1/02)
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CIR. R. Rule 46-5 FRAP 46
If it is shown that this rule would cause a substantial hardship with reference to a particular case,
an attorney who is a former employee may apply to the Court for an exemption. The application
must demonstrate that there has been a strict compliance with the rule with reference to the
particular case and in all other matters, that the attorney had no direct or indirect involvement with
the case during employment with the Court, and that the attorney was not employed or assigned in
the chambers of any judge who participated in the case.
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FRAP 47 CIR. R. 47-1
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CIR. R. 47-2 FRAP 47
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FRAP 48
(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 Dec. 1, 1994; May 11, 1998, eff. Dec. 1, 1998.)
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UNITED STATES COURT OF APPEALS
for the
NINTH CIRCUIT
GENERAL ORDERS
March 2008
186/586
TABLE of CONTENTS
187/586
2.4. Motions for Reinstatement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
188/586
f. Exchange of Assignments. . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
g. Expediting Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
h. Adding Cases to Calendars. . . . . . . . . . . . . . . . . . . . . . . . . . . 17
i. Calendaring Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
3.4. Notification of Calendaring of Cases. . . . . . . . . . . . . . . . . . . . . . . . . 18
3.5. Publication of Calendars.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
3.6. Comeback Cases Northern Mariana Islands. . . . . . . . . . . . . . . . . . . 18
3.7. Comeback Cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3.8. Oral Argument in Pro Bono Project Appeals. . . . . . . . . . . . . . . . . . . 20
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e. Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
4.6. Mandate.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
a. Policy Against Issuance of Mandate Forthwith. . . . . . . . . . . . 26
b. Exceptions to Policy Against Issuance of
Mandate Forthwith. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
c. Stay of Mandate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
d. Recall of Mandate.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
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7. Death Penalty Cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
5.2. Initial Hearing En Banc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
a. Petition by a Party Prior to Calendaring. . . . . . . . . . . . . . . . . 33
b. Call for En Banc by Panel. . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
5.3. Amendment of Disposition; Proposal by Judge. . . . . . . . . . . . . . . . . 35
a. Amendment of Disposition. . . . . . . . . . . . . . . . . . . . . . . . . . . 35
b. Proposal by Judge.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
5.4. Rehearing En Banc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
a. Duties of Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
b. Request for Notice of Panel Vote
on Petition for Panel Rehearing and
Time Within Which Judges Must Act After Notice . . . . . . . . 36
1. Request for Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
2. Circulation of Notice; Vote on Petitions;
Proposed Amendments.. . . . . . . . . . . . . . . . . . . . . . . . . 36
3. Procedure When Only a Petition for
Panel Rehearing is Filed. . . . . . . . . . . . . . . . . . . . . . . . 37
c. En Banc Calls and Supplemental Briefing.. . . . . . . . . . . . . . . 38
1. En Banc Calls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
2. Supplemental Briefing. . . . . . . . . . . . . . . . . . . . . . . . . . 38
3. Sua Sponte Calls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
4. Withdrawal of En Banc Calls.. . . . . . . . . . . . . . . . . . . . 40
d. Staying the Mandate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
e. Stopping the Clock. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
5.5. Procedure After Supplemental Briefing. . . . . . . . . . . . . . . . . . . . . . . 41
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a. Memoranda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
b. Voting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
c. No Majority Favoring En Banc Consideration. . . . . . . . . . . . 41
d. Majority Favoring En Banc Consideration. . . . . . . . . . . . . . . 42
e. Recusals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
5.6. Reserved Time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
5.7. Assignment of Opinion Writing, Circulation,
and Filing of Disposition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
a. Assignment of Opinion Writing.. . . . . . . . . . . . . . . . . . . . . . . 43
b. Circulation of Opinions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
1. Majority Opinion.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
2. Dissenting or Other Separate Opinion. . . . . . . . . . . . . . 43
3. Voting on Opinions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
c. Filing of Dispositions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
5.8. Rehearing by Full Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
a. Petition by a Party.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
b. Sua Sponte Calls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
5.9. Stay of Mandate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
5.10. Recall of Mandate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
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(d) Motions attorney.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
(e) Certified motions attorney. . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
(f) Procedural motion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
(g) Designated deputy clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
(h) Emergency motion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
(i) Oral screening calendar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
(j) Written screening calendar.. . . . . . . . . . . . . . . . . . . . . . . . . . . 47
(k) COA Calendar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
6.2. Assignment of Judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
(a) Motions and Oral Screening Calendars. . . . . . . . . . . . . . . . . . 48
(b) Certificate of Appealability Calendars.. . . . . . . . . . . . . . . . . . 48
(c) Written Screening Calendars. . . . . . . . . . . . . . . . . . . . . . . . . . 49
(d) Scheduling of Motions and Oral Screening Calendars/
Procedure Governing Motions Panel Matter. . . . . . . . . . . . . . 49
6.3. Delegation of Authority to Dispose of Motions.. . . . . . . . . . . . . . . . 51
a. Dispositions of Motions by the Clerk. . . . . . . . . . . . . . . . . . . 51
b. Dispositions of Motions in Cases Assigned to
Oral Argument Panels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
c. Dispositions of Motions in Cases Assigned to
Screening Panels.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
d. Dispositions of Procedural Motions Filed During
the Pendency of a Substantive Motion.. . . . . . . . . . . . . . . . . . 52
e. Disposition of Motions by Appellate Commissioner.. . . . . . . 53
f. Disposition of Single Judge Motions.. . . . . . . . . . . . . . . . . . . 54
g. Disposition of Two and Three Judge Motions.. . . . . . . . . . . . 55
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6.4. Emergency Motions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
(a) General Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
(b) Emergency Motions Requiring Same Day
or Next Day Action.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
(c) Motions for Stay of Deportation
or Removal in Petitions for Review. . . . . . . . . . . . . . . . . . . . . 60
1. Temporary Stay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
2. Supplemental Motion. . . . . . . . . . . . . . . . . . . . . . . . . . . 60
3. Response.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
4. Reply.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
5. Orders to Show Cause. . . . . . . . . . . . . . . . . . . . . . . . . . 62
6. Non-Opposition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
7. Other Petitions for Review.. . . . . . . . . . . . . . . . . . . . . . 63
6.5. Screening Calendars. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
(a) Selection and Criteria of Cases for Screening Calendars. . . . 63
(b) Oral Screening Panel Presentations. . . . . . . . . . . . . . . . . . . . . 64
(i) Disposition of Cases.. . . . . . . . . . . . . . . . . . . . . . . . . . . 64
(ii) Rejection of Cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
(iii) Petitions for Rehearing.. . . . . . . . . . . . . . . . . . . . . . . . . 65
(c) Written Screening Panels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
(1) Rejection by Judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
(2) Dispositions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
(d) Written Screening Calendars (Abrogated 3-24-04).. . . . . . . . . . . . . 67
6.6. Recalcitrant Witness Appeals.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
6.7. Criminal Justice Act Vouchers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
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6.8. Applications for Extraordinary Writs
(Exclusive of Habeas Corpus). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
(a) General Procedures.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
(b) Emergency Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
6.9. Certification of Orders and Memoranda Dispositions. . . . . . . . . . . . 72
6.10. Motions for Clarification and Petitions for Reconsideration or
Rehearing (Abrogated 7-1-03).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
6.11. Motions for Rehearing En Banc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
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Chapter IX: JUDICIAL PROCEDURES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
9.1 Reports by Judges on Cases Under Submission. . . . . . . . . . . . . . . . . . 80
9.2 Priorities for Consideration of Proposed Dispositions. . . . . . . . . . . . . 80
9.3 Delay by Visiting Judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
9.4 Seniority of Visiting Judges.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
9.5 Individual Public Expression of Views. . . . . . . . . . . . . . . . . . . . . . . . . 81
9.6 Three-Judge District Court Assignments (Abrogated).. . . . . . . . . . . . . . 82
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12.2. Use of Court, Conference, and Robing Rooms. . . . . . . . . . . . . . . . . 90
12.3. Information Concerning Presentation of Oral Argument.. . . . . . . . . 90
12.4. Bar Admission Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
a. Bar Admission Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
b. Expenditures from the Attorney Admission Fund. . . . . . . . . . 91
12.5. Discipline of Attorneys Admitted to Practice in This Court. . . . . . . 92
12.6. Use of General Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
12.7. Distribution of Briefs, Records, and Exhibits After Use. . . . . . . . . . 93
12.8. Prisoner Mail.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
12.9. Sua Sponte Imposition of Sanctions. . . . . . . . . . . . . . . . . . . . . . . . . . 94
a. Sanctions Imposed Against Counsel or a Party. . . . . . . . . . . . 94
b. Court Reporter Sanctions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
12.10. Communication From Other Courts Regarding Cases. . . . . . . . . . . 97
(a) Communications Regarding Dispositions and
Extraordinary Writs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
(b) Petitions for Rehearing.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
(c) Closed Cases.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
12.11. Suspension of General Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
12.12. Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
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Chapter I.
GENERAL DEFINITIONS
Terms in these General Orders are used in conformity with Title 28 of the
United States Code, the Federal Rules of Appellate Procedure, and the Rules of
the United States Court of Appeals for the Ninth Circuit, unless otherwise
indicated.
1.1. "Active judge" - means a circuit judge of this circuit in regular active
service.
1.2. "Senior judge" - means a circuit judge of this circuit who has retired
the plural, it means all active judges and senior judges, collectively.
1.4. "Visiting judge" - means any judge or justice of the United States, not
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judge willing to serve, not including the Chief Judge, in an administrative unit.
order of seniority, the term of office shall be in three years. (rev. 1-1-07)
1.6. "Panel" - means a division of more than one judge of this court to
Criminal Justice Act and certain motions specified in Chapter Six of these orders,
in the processing of appeals and motions and to perform such other duties as the
court directs.
facilitate the settlement of cases and to perform such other duties as the court
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1.11. "Administrative Unit"
Guam, Northern Mariana Islands and Northern and Eastern California; and
California.
district court case or agency proceeding involving substantially the same parties
and issues from which there previously had been a calendared appeal or petition.
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Chapter II.
The Clerk shall add to the usual letter acknowledging the docketing of an
appealed matter, and a direction that, if it does so relate, the Clerk shall be
18 U.S.C. § 3006A, 28 U.S.C. § 1915, and Fed. R. App. P. 24, the appointment of
counsel by the trial court to represent the appellant on appeal shall create a
rebuttable presumption of pauper status for the purpose of dispensing with the
docket fee in this court. This presumption may be challenged by the appellee, or
by the court on its own motion, when it appears that the appellant may not be a
pauper. Unless challenged, however, the presumption shall cure, for accounting
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2.3. Orders Fixing Time Schedules
appellant's briefs are not timely filed. All clerk's orders fixing time schedules for
filing records, payment of fees and appellants' briefs shall include specific notice
In situations where the failure to prosecute involves the failure to file the
If appellant or appellant's counsel fails to file the opening brief for a civil
the court, the clerk shall dismiss the appeal no sooner than fourteen days after the
Where the opening brief in a direct criminal appeal is not timely filed, the
clerk shall issue a default order instructing counsel to correct the deficiency within
fourteen days and file a motion for relief from default. The default order shall
warn counsel that failure to respond to the order in a timely fashion will result in
counsel being relieved of his/her appointment. The default order will further
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require the United States Attorney to serve a copy of it on defendant at his/her
current address.
In the event counsel is relieved pursuant to this section, a copy of the order
appointed under the Criminal Justice Act, except the default order will require the
state attorney general to serve a copy of it on the petitioner at the current address.
In instances involving retained counsel, the default order shall warn counsel
that if no timely response is filed, the client will be informed of counsel's failure to
prosecute and directed to take appropriate action such as engaging new counsel or
The clerk shall refer, upon opening and/or where no opening brief is filed,
all direct criminal appeals involving pro se appellants directly to the motions
in (b) and (c) above, the matter shall be referred to the next available motions
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In instances of failure to prosecute other than failure to file the opening
brief or respond to an order to show cause, the clerk may issue a default order
directing appellant to correct the deficiency and, if appropriate, file a motion for
relief from default. If appellant in a civil appeal fails to comply with the default
order, the clerk shall dismiss the appeal without further notice. If appellant in a
direct criminal appeal fails to respond within the time set out, the matter shall be
indicate how the deficiency has been corrected or explain why correction is
Motions shall be filed within fourteen (14) days from the entry of the
dismissal order; motions filed by incarcerated pro se litigants shall be filed within
twenty-eight (28) days from the entry of the dismissal order. If, in the judgment of
the court, conditions existed that prevented the timely filing of a motion to
reinstate, the court may waive the time limit for the filing of the motion. However,
any such waiver shall be granted only upon a showing of extraordinary and
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Chapter III.
CALENDARING
a. Places of Hearings
It is policy of the court that, in general, there shall be court calendars each
year in the following places: twelve in San Francisco; twelve in Pasadena; twelve
calendars may be set in other locations within the circuit when necessary or
convenient. The Portland and Seattle calendars may be combined for purposes of
convenience or economy.
Each court calendar shall consist of as many panel sittings during one or
cases ready for hearing, equalizing the backlog of each administrative unit of the
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3.2. Assignment of Judges to Calendars
After the time and place of calendars have been established by the Clerk's
Office, members of the court and visiting judges shall be assigned to particular
days on the calendars. Through the use of a computer program, the Clerk's Office
shall attempt to equalize the load among all judges, taking into account the
following factors:
a. Composition of Panels
than two members of the court, at least one of whom shall be an active judge at the
Every year, each active judge, except the Chief Judge, is expected to hear
eight monthly calendars of five panel sittings each, exclusive of en banc hearings,
motions, oral screening panels, three-judge district court cases, and cases for
which a judge's name is drawn by lot, including death penalty cases. With the
approval of the Executive Committee, the Chief Judge may hear fewer monthly
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c. Assignment of Senior Judges
Senior judges are given a choice as to the number of panels on which they
will serve and are not calendared for hearings away from their home stations
unless they are willing. Senior judges who wish to hear cases in particular
locations are accommodated to the extent consistent with the other factors listed in
this section. However, they may be required to accept a full load of panel
refers to the panel of judges hearing cases in a given location over the course of a
sitting.
d. Rotation of Judges
Insofar as possible, each active judge should sit with every other active and
senior judge approximately the same number of times over a two-year period.
Insofar as possible, over a two-year period, each active judge should sit on
Portland as each of the other active judges, and, over a span of several years, each
active judge should sit on approximately the same number of panels in Honolulu
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f. Preferences of Judges
Insofar as possible, the wishes of each judge with regard to sitting during
g. Unavailability
Each member of the court shall inform the Clerk of court as far in advance
of the court has the option to exchange days of sitting with another member of the
court upon mutual agreement and with the approval of the Chief Judge.
advance of the hearing week. Although the Clerk's Office may be consulted and
direct contact between the members of the court. The Clerk shall circulate to all
disability, or departure from the court and the case is under submission, the Clerk
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h. Disqualification
the Clerk shall try to find a replacement by switching cases or judges with panels
in the same location. If unsuccessful, the Clerk shall draw a replacement name by
lot as provided in subsection 3.2.j. In rare instances, argument of the case may be
i. Overburdens
Judge may determine that the judge should be relieved of further calendar duties
until he or she becomes more current. A prima facie case for relieving a judge
The judge may rebut the prima facie case by showing either that within one
month or less he or she will no longer meet any of the criteria or that there is good
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cause for remaining on calendar. The Chief Judge may alternatively assign the
judge to fewer panels rather than relieve him or her of all calendar duties.
j. Urgent Matters
cannot be handled by the appropriate panel, the Clerk, to the extent possible shall
judge's name has been drawn, it shall be eliminated from the pool until such time
as the pool has been exhausted. However, if the judge whose name is so drawn is
unavailable for service, his or her name will be returned to the pool.
Any active judge having completed seven years of service with the court
may request a one-year reduction to five (5) monthly calendars with three (3)
consecutive months without any calendar duties. The Chief Judge may grant the
granted in order of seniority, but no more than three (3) active judges may take
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such a reduction with a given year. Any judge granted such reduction shall be
ineligible for a subsequent grant for seven (7) years. (New, 9-18-02)
The Clerk shall select, by random draw from the circuit-wide pool of senior
At least nine weeks before each calendar, the Clerk's Office shall determine
the number of panels that are to be included in the calendar. The Clerk's Office
shall identify the judges who have been designated for the panels and, to the extent
possible, the districts of any Ninth Circuit district judges who will be sitting on the
various panels.
ment attorneys, who shall designate issues, identify cases with similar issues, and
assign a numerical weight to each case. Drawing upon a computerized file of such
cases, the Clerk's Office shall compile as many clusters of cases as there are panels
designated for sittings. Cases in each cluster shall have the same numerical weight
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total. The total shall be established by the court as appropriate for any one panel.
In compiling the clusters, the Clerk's Office shall respect, to the extent possible,
c. Priorities
Generally, cases are selected for calendaring according to the order in which
the notices of appeal, petitions, or applications for enforcement were filed, except
that priority is given to direct criminal appeals, state death penalty appeals, and to
calendaring by up to six months in order that it may be heard at the same time as a
case that involves the same legal issues and that has been included in a case cluster
previously compiled. State death penalty and direct criminal appeals are given
priority over all other cases. There is no ordering among civil cases entitled to
accommodate priority cases. A single judge or panel may order calendaring of any
particular case to be expedited. (See, subsection 3.3.g. See also, Circuit Rule 34-
3, Priority Cases.)
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d. Assignment of Case Clusters to Panels
Eight weeks before each calendar, the Clerk's Office shall compile the case
clusters. The Clerk shall then assign the case clusters to the panels that will be
sitting, without regard to which judges are sitting on the panels. After initial
assignment, the Clerk may reassign individual cases based on: (1) a judge's
conflicts of interest, and (2) the court policy against allocating to a panel on which
Except as set forth in section 6.10, once a case has been assigned to a
specific panel and the calendar described in subsection 3.3.d is mailed to the
members of the court, that panel shall have responsibility for all further pro-
motions panel to which a motion for reconsideration has been referred that the
case has been assigned to a specific panel, the motions panel shall contact the
f. Exchange of Assignments
and allocation of cases thereto have been distributed to the court may do so by
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exchanging assignments with another member of the court or visiting judge in4
When an exchange is made less than 30 days from the hearing week, the
judges exchanging shall, at the option of the presiding judge, be responsible for
bench memo assignments notwithstanding the exchange. The Clerk of Court must
g. Expediting Appeals
time or place.
have been sent to the court and parties, the Clerk, with the permission of any
affected panel, shall add the case to an existing panel. If this cannot be done
subsection 3.2.j.
i. Calendaring Policy
Chief Judge.
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3.4. Notification of Calendaring of Cases
About one month before oral argument, parties shall be notified of the time
and place of the hearing of their cases. This information may also be made
If a panel decides not to hear oral argument, the parties should be notified at
least twelve days before the scheduled date of argument. However, such notices
The composition of panels shall be made public on the first working day of
the week preceding argument. Calendars shall be posted in the San Francisco,
Pasadena, and Seattle offices of the Clerk of the Court of Appeals and shall be
forwarded to the clerks of the district courts of the circuit with a request that the
calendar be posted. Only under exceptional circumstances will the court consider
motions for continuances filed within 14 days of the hearing date. (See, Circuit
Rule 34-2.)
After an argument calendar panel has acted upon an appeal from either
Guam or the Commonwealth of the Northern Mariana Islands, the panel should
not refuse a return case from Guam or the Northern Mariana Islands unless the
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case is obviously one in which the research efforts of the original panel have no
bearing on any issue presented in the return appeal after remand, or, unless it is
When a new appeal is taken to this court from a district court or agency
decision following a remand, the calendaring staff shall notify the panel that
remanded the case that the new appeal is pending. The notification shall contain a
brief description of the issues presented. If the issues predominantly involve the
interpretation and application of the original panel decision, the panel in its
discretion shall consider the time and manner of submission and notify the staff
whether it will accept the appeal. If the new appeal presents no issues that would
panel, then the panel has no obligation to accept jurisdiction of the appeal. If the
appeal is one that would not ordinarily be submitted on the briefs by a randomly
drawn panel without oral argument, and if oral argument cannot be timely and
conveniently calendared, then, in its discretion, the panel may reject the appeal. In
the exercise of its discretion to accept or reject a return appeal, the panel should
balance its convenience with that of the other judges of the court, with due regard
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Note: Capital cases are governed by Circuit Rule 22-2(c), which states, “that once a capital case
is assigned to a panel it retains jurisdiction for all future appeals.”
If an appeal has been selected for inclusion in the court's Pro Bono
Representation Project and pro bono counsel has been appointed, the panel shall
not submit the case on the briefs, but shall hear oral argument unless pro bono
When a case has been selected for inclusion in the project, the case
management attorneys will revise the inventory card to notify the panel that the
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Chapter IV.
DISPOSITIONS
may decide a question pending concurrently before one or more other panels of the
court, the author shall circulate copies of the proposed disposition to all members
of such other panels. The author shall include a memorandum explaining the
purpose of the circulation and setting a fourteen-day time period within which a
The panel which first takes the issue under submission has priority. All
other panels before which the issue is pending that know of another panel's
by the first panel. If the first panel defers or withdraws submission, the concerned
panels shall confer to determine which panel will dispose of the issue.
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b. Deferring Submission Pending Decision by Another Court
another case before another court or administrative agency, the panel shall enter an
order identifying the case by name and number and the court in which the decision
is pending.
not raised by the parties in their briefs, it shall give serious consideration to
An opinion should be written only if the panel deciding the case specifically
initially at the conference after argument or submission and in any case before the
disposition is drafted.
for publication which is designed to clarify the law of the circuit, a memorandum
disposition is designed only to provide the parties and the district court with a
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concise explanation of this court’s decision. Because the parties and the district
court are aware of the facts, procedural events and applicable law underlying the
dispute, the disposition need recite only such information crucial to the result.
authoring judge, the judge should, whenever possible, submit proposed language
Except for decisions from the bench, the determination of each appeal,
thereon. The disposition shall indicate the district court or agency and court of
appeals docket numbers, district judge whose decision is being appealed, date and
city of argument, date of submission to the panel, and filing date. The majority
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certified by one of the members as having been concurred in by such members.
certified by one of the members of the panel as having been prepared by the author
thereof.
When two judges of a panel have concurred in a written disposition but the
third judge has neither agreed nor circulated a dissent or concurrence within sixty
days after notice of the concurrence and circulation of the proposed disposition in
its final form, the author shall submit the disposition to the Clerk and send a copy
of the covering memorandum to the third member. Seven days after receipt, the
Clerk shall file the disposition with a notation that the third judge may file a
separate statement at a later date. The author, with the concurrence of the second
judge, may grant the request of the third judge to delay filing for a period of
fourteen days or for a longer period if the third judge cites extraordinary
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c. Electronic Transmission of Dispositions
dispositions will be filed in typewritten format on the next working day following
Unless directed by the merits panel to file an opinion forthwith, the Opinions
Clerk will process the opinion on the date of receipt and transmit it electronically to
the court's printer for preparation of the printed slip opinion pursuant to the terms of
the opinion printing contract. The opinions will be available at 10:00 a.m. on the
day of filing in the San Francisco, Pasadena and Seattle clerk's offices. Separate
written confirmation of opinions shall be sent to the Clerk's Office the day the opin-
Upon filing the disposition, the Clerk shall mail one copy, accompanied by a
notice of entry of judgment in accordance with Fed. R. App. P. 45(c) to each party.
The Clerk shall also mail one copy of the disposition to the trial judge.
d. Temporary Hold
The authoring judge should notify the Opinions Clerk when placing a
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e. Costs
Every disposition in a civil case where there is a mixed judgment, the lower
tribunal’s judgment is vacated, or where the panel determines that costs shall be
unequally divided among the losing parties shall indicate in its text or in a separate
order which party or parties shall bear the costs. The Clerk's Office, before filing
the disposition, shall determine whether the disposition makes that indication. If
the disposition does not indicate which party or parties shall bear the costs, the
Clerk's Office immediately shall request that information from the authoring judge,
The authoring judge shall also be responsible for motions for reconsideration
of the clerk’s orders pertaining to cost bills that are entered under Ninth Circuit
Rule 39-1.5 and General Order 6.3a. The clerk may refer a motion and proposed
order to the authoring judge when the motion presents a novel issue. (New, 7/1/2002)
4.6. Mandate
court, mandate should not issue forthwith, but that time should be allowed after
entry of judgment for the filing of a petition for rehearing en banc, or petition for
writ of certiorari. It is the policy of this court that only in exceptional circum-
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stances should a panel order the issuance of mandate forthwith upon the filing of a
Exceptional circumstances may include, but are not limited to, instances
where it appears from the record that a petition for rehearing en banc, or petition for
writ of certiorari would be legally frivolous, where the losing litigant is attempting
situation requires that, to effectuate a just result, the action of the court should
become final, and mandate issue, at once. In such a case, the panel may close the
disposition with the following language: "No petition for rehearing will be enter-
tained and mandate shall issue forthwith. See Fed. R. App. P. 2." However, such
language in the disposition does not prevent a judge from petitioning a rehearing en
banc. In a criminal case, the panel may also revoke bail forthwith. (rev. 3-24-04)
c. Stay of Mandate
A motion for stay of mandate shall be forwarded to the author of the disposi-
tion if a member of the court. If the author is not a member of the court, the motion
shall be forwarded to the presiding judge of the panel. The author or presiding
judge, as the case may be, shall dispose of the motion. (Rev. 3-26-03)
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d. Recall of Mandate
authoring judge shall be responsible for entering the order disposing of the motion
after polling the panel members. If the author is not a member of the court, the
presiding judge will issue the order on behalf of the panel. (New 3-26-03)
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Chapter V.
EN BANC PROCEDURES
three, established by rule of the court, which shall hear and decide cases taken en
recused or disqualified and who entered upon active service before the date of a
disqualification shall be given to the full court. No senior judge is eligible to vote
active or senior judge who is not recused or disqualified and who entered upon
active service prior to the date the court is drawn. Senior judges shall not serve on
an en banc court except: (i) a senior judge who was a member of the three-judge
panel that decided the case being reheard en banc may elect to be eligible to be
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selected as a member of the en banc court. Any senior judge who elects to be
eligible shall notify the Clerk’s Office prior to the date the panel is drawn; (ii) a
senior judge who takes senior status while serving as a member of an en banc court
may continue to serve until all matters pending before that en banc court, including
remands from the Supreme Court, are finally disposed of. (Rev. 7-1-2003)
appointed by the Chief Judge to perform the duties set forth in this chapter.
limits under this chapter, and the time for issuing the mandate.
b. General Provisions
1. Judicial Participation
Each judge selected for the en banc court shall make every reasonable effort
to sit on the en banc court, but if unable to sit, the judge shall notify the Clerk as
judge becomes available after notifying the Clerk of inability to sit, that judge shall
notify the Clerk of his or her availability and shall sit on the en banc court, unless a
replacement judge has already been drawn, in which case the replacement judge
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shall sit on the en banc court. In such event, the originally-selected judge shall be
All members of the court, senior and active, and visiting judges who partici-
pated in the panel decision, shall be kept informed of en banc proceedings, includ-
ing all en banc calls, responsive memoranda, and votes, until a case is taken en banc
or returned to the panel. After a case has been taken en banc, only those judges
ings.
The en banc coordinator shall supervise the en banc process, including time
schedules provided in this chapter; shall circulate periodic reports on the status of
each case under en banc consideration; may, for good cause, extend, suspend, or
compress the time schedules provided in this Chapter; may designate another judge
to perform all or part of the en banc coordinator's duties during the coordinator's
absence; may suggest, for any particular case, a modification or suspension of the
provisions of this chapter; and may for good cause suspend en banc proceedings.
(Rev. 7/1/2002)
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3. Vote Tallies
The en banc coordinator will record the en banc votes and circulate the final
tally to the court. Orders rejecting or accepting cases for en banc consideration
shall not specify the vote tally. Any judge eligible to vote may direct that his or her
the order.
The following persons shall be responsible for the distribution of the panel
recommendation pursuant to GO 5.4.b and for orders denying a petition for rehear-
ing en banc if no timely en banc call is made or if an en banc call fails to receive a
majority vote:
(b) The presiding judge of the panel, when the author is a visiting
(a) Exclude the day of the act or event that began the period.
(b) Include the last day of the period unless it is a Saturday, Sunday,
federal holiday, or any day in which the clerk’s office is closed. (Section 5 (a) and (b) are
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new as of 3-21-07.)
Until a case is taken en banc or returned to the panel, any request by a judge
banc coordinator with copies to all judges prior to the expiration of the relevant
time period.
Judges should direct copies of all en banc correspondence under this Chapter
to the en banc coordinator and the Clerk of Court or any person the Clerk may
En banc procedures in death penalty cases, when a date for execution has
been set, are contained in Circuit Rule 22 and shall be supervised by the Capital
Case Coordinator.
The Clerk shall (1) enter the receipt or filing of a petition for an initial
hearing en banc, (2) send copies to the en banc coordinator and the appropriate
motions attorney, (3) notify the parties that the case will be heard in due course by a
panel unless the court votes to hear it en banc, and (4) send copies of the briefs to
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As soon as possible after the completion of briefing, the motions attorney
shall prepare for the en banc coordinator a memorandum setting forth the facts and
issues of the case. The en banc coordinator shall promptly notify all judges that a
party has petitioned for an initial hearing en banc, but that the case will be calen-
dared before a three-judge panel unless a judge makes an en banc call. The en banc
coordinator shall distribute the motions attorney's memorandum and may also
distribute an independent evaluation of the matter. Any judge may call for en banc
The en banc coordinator shall notify the Clerk and motions attorney of the
rejection of the petition when either (1) no judge calls for a vote on the petition, or
notification, the Clerk shall enter on the docket a notation that the petition has been
rejected.
The panel before which a case is calendared may call for a vote that a case be
heard en banc. If the call is made before the panel hears the case, the panel shall
instruct the Clerk to remove the case from the calendar. The panel shall circulate its
call to all members of the court with a memorandum setting forth the reasons for a
briefing by the parties, exchange of memos, and voting shall then apply. If the case
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fails to receive a majority of votes to be heard en banc it shall be returned to the
three-judge panel.
a. Amendment of Disposition
If a panel amends its disposition, the panel shall set forth in its amended
disposition or separate order: (1) the ruling on the petition for rehearing or petition
for rehearing en banc; (2) whether subsequent petitions for rehearing or rehearing
en banc may be filed; and (3) the status of any pending petitions for rehearing or
rehearing en banc not ruled on. The Clerk's office shall contact the authoring judge
within seven (7) days of the filing of the amended disposition, notify the panel and
the other members of the court that he or she is considering making an en banc call
on the basis of the substantive amendment. The judge who makes such notification
shall in writing or by electronic mail direct the Clerk of Court or any person the
Clerk may designate to stay the mandate. Such notification shall extend the time to
make an en banc call by fourteen (14) days. Thereafter, the provisions of this
chapter relating to a sua sponte en banc calls shall apply. (New 12-1-2002)
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b. Proposal by Judge
Any active or senior judge may, before an en banc call is made or before the
time for calling for en banc expires, propose to the panel that it amend its
disposition. Such a request does not suspend en banc procedures. Any proposal to
a. Duties of Clerk
Upon the filing by a party of a petition for rehearing en banc, the Clerk shall
circulate a copy to each active judge and to those senior judges who have requested
copies.
An off-panel judge may request notice of the panel’s vote on a petition for
panel rehearing and petition for rehearing en banc within 21 days of the circulation
of the petition for rehearing en banc. In the absence of a timely request for notice,
the panel may enter an order denying the petition for rehearing en banc and denying
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circulate to all judges notice of its vote on the petitions for panel rehearing and
rehearing en banc. If the panel decides to amend its opinion the panel shall notify
all judges of its proposed amendments. The panel should respond as soon as
possible to the G.O. 5.4b.1 request, but ordinarily within ninety (90) days of the
request or the petition for rehearing, whichever is later. (last sentence, new 7-1-06)
A judge must call for an en banc vote within: (1) 14 days of the date of the
panel’s distribution of the GO 5.4b notice; (2) 21 days after the circulation of the
last-filed petition for rehearing en banc; or (3) if a response to the petition for
rehearing en banc has been requested, within 14 days after the circulation of the
In a case where a party files only a petition for panel rehearing and no
petition for rehearing en banc, an off-panel judge may call for en banc within the
time limits set forth for sua sponte calls in G. O. 5.4.c.3. Any such call shall act as
a request for notice of the panel’s vote on the petition for rehearing. Alternatively,
an off-panel judge may expressly request notice of the panel’s vote on the petition
for rehearing, but such a request must also be made within the time limits for sua
sponte calls set forth in G. O. 5.4.c.3. The time to call for en banc shall expire 14
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c. En Banc Calls and Supplemental Briefing
1. En Banc Calls
Any judge may call for a vote to rehear a case en banc: (1) in response to
notice of the panel's vote that a petition for rehearing en banc be denied and a
petition for panel rehearing denied (see GO 5.4.b), or (2) sua sponte. The request-
ing judge shall notify the panel and all other members of the court of any call, and
shall forward a memorandum setting forth reasons: (1) within 14 days of the date of
distribution of the call; (2) within 14 days after the circulation of the response to the
petition for rehearing en banc; or (3) in the case of sua sponte calls, within 7 days
after the circulation of the simultaneous briefing, whichever is latest. (Rev. 7/1/2002)
2. Supplemental Briefing
When an en banc call is made in a case in which a party has petitioned for en
banc consideration and in which no response to the petition has been previously
filed, the author of the panel opinion or the Clerk of Court upon request of the en
banc coordinator, shall ordinarily enter an order directing counsel to file within 21
days of the date of the order a response to the petition for rehearing en banc. The
time provided by GO 5.5.a in which judges shall circulate memoranda will not start
to run until the response is filed or the en banc coordinator determines that no
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3. Sua Sponte Calls
A judge may sua sponte call for a vote on rehearing en banc within seven
days of the expiration of the time for filing a petition for panel rehearing or rehear-
ing en banc. This means the sua sponte call must ordinarily be made within 21 days
of the filing of the panel’s decision in all cases, except civil cases in which the
United States is a party. In such cases, the call must ordinarily be made within 52
days of the filing of the panel’s decision. See F.R.A.P. 40(a). When the panel
banc, the time to make a sua sponte call will extend for seven days after the petition
is due. A judge may also call for en banc within 21 days of the filing of an order
timely sua sponte en banc call, the author of the panel opinion or the Clerk of Court
upon the request of the En Banc Coordinator shall ordinarily enter an order direct-
ing the parties to file simultaneous briefs within 21 days setting forth their respec-
tive positions on whether the matter should be reheard en banc. If the En Banc
Coordinator orders that no supplemental briefing will be filed, the parties will be
notified of the sua sponte en banc call. The date the simultaneous briefs are
circulated by the Clerk's Office or the date En Banc Coordinator determines that no
supplemental briefs will be filed will start the time for circulation of memos set
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4. Withdrawal of En Banc Calls
in writing with copies to all judges. The time periods set forth in this chapter shall
be suspended for a period of seven (7) days following circulation of the notice to
If a stop clock or a sua sponte call is made, in a case where no petition for
rehearing en banc or petition for panel rehearing has been filed, the judge who
makes the call shall in writing or by electronic mail direct the Clerk of Court or any
person the Clerk may designate to stay the mandate and notify the panel. If a judge
makes a call or stops the clock before the time for filing a petition for panel rehear-
ing has expired, it is the responsibility of that judge to notify the Clerk of Court or
any person(s) he or she may designate to stay the mandate in the event no petition
for panel rehearing is filed. Otherwise the mandate will issue pursuant to F.R.A.P.
41(a) and en banc procedures will terminate. It is also that judge’s responsibility to
notify the Clerk’s Office if the stop clock or en banc call is withdrawn.
A judge, without calling for an en banc vote, may extend the time in which
to make an en banc call for 14 days. Only one such delay is permitted. In cases
where no petition for rehearing has been filed by a party, the judge stopping the
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clock shall notify the Clerk's office to stay the mandate. When a judge stops the
clock pending review of a petition for rehearing, and the panel grants a party an
extension of time to file a petition for rehearing beyond the 14-day stop clock
period, the “stop clock” period will extend for 14 days after the petition is due. (Rev.
7/1/2002)
a. Memoranda
days after the conclusion of all supplemental briefing by parties pursuant to G.O.
b. Voting
When the exchange of memoranda has been completed, the en banc coordina-
tor shall notify all active judges to vote. No judge shall circulate further
correspondence on the case after that notice. A judge's failure to vote shall be
considered a "no" vote. Unless otherwise ordered, each judge shall cast a vote
within 14 days of the notice to vote. A judge may change his or her vote if accom-
plished prior to the expiration of the voting period. Upon the expiration of the
voting period, the en banc coordinator shall notify the judges of the result and the
vote tally.
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If the call fails to obtain a majority, the panel shall resume control of the case
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d. Majority Favoring En Banc Consideration
If a majority of the judges eligible to vote on the en banc call votes in favor
of en banc consideration, the Chief Judge shall enter an order taking the case en
banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be
cited as precedent by or to this court or any district court of the Ninth Circuit,
e. Recusals
recusal is noted in the order either denying or granting en banc review. (New, 10-4-06)
quarterly basis in conjunction with court meetings. A location for each en banc
argument will be determined by the Chief Judge in consultation with the Court
Executive Committee. Judges are expected to appear in person for en banc hear-
ings. In the event no oral argument is to be heard, the Chief Judge shall designate a
date, time, and place for a conference of the en banc court, which ordinarily shall
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5.7. Assignment of Opinion Writing, Circulation, and Filing of Disposition
After the case has been submitted to the en banc court, the judge senior in
service among those voting with the majority shall assign the writing of the major-
ity opinion. In the event more than one judge expresses a minority view, the
senior judge among those sharing that view may assign the writing of a dissenting
judge should not be selected to write a majority or dissenting opinion unless the
judge's workload will permit the judge to circulate the opinion within this 45 days.
b. Circulation of Opinions
1. Majority Opinion
Any judge unable to circulate the first draft of the majority opinion within 45
days shall circulate a memorandum to the members of the en banc court stating why
the deadline cannot be met. The memorandum should state when the draft opinion
will be circulated.
notify the members of the en banc court as soon as possible, but in any event within
14 days after the date of distribution of the draft of the majority opinion. Any
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majority opinion is distributed. (rev. 7-1-06)
3. Voting on Opinions
Voting shall conclude within the time established by the Chief Judge or the
presiding judge.
c. Filing of Dispositions
The author of the majority opinion shall be responsible for coordinating the
proposed majority, dissenting, and concurring dispositions, and filing the final
a. Petition by a Party
Upon a timely petition by a party for a rehearing en banc before the full court
filed within 14 days after the filing of an en banc disposition, the Clerk shall
forward a copy thereof to all active judges and any senior judge on the en banc
court. Thereafter, the provisions of this chapter relating to petitions for rehearing
If no petition for rehearing en banc before the full court is filed, any judge
may, within seven days after the date such petition was due, request a vote on
whether the case should be reheard by the full court. This request shall be
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the provisions of this chapter relating to petitions for rehearing en banc of three-
the author of the disposition, who shall dispose of the motion and then send all
members of the en banc court a copy of the motion and the disposition of the
to the members of the en banc court. The authoring judge shall be responsible for
entering the order disposing of the motion after polling the members of the en banc
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Chapter VI.
6.1. Definitions
original petition for writ of habeas corpus; an appeal from the grant or denial of bail
or change of conditions of bail pending trial; a motion for bail pending appeal; an
time to take any action required or permitted by law; certain fee vouchers; and court
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(c) "Civil motion" - means a motion of a type ordinarily considered as
(e) "Certified motions attorney" - means any motions attorney who also
(g) "Designated deputy clerk" - means any deputy clerk assigned to the
or less, or any other motion which in the court's judgment requires immediate
consideration.
deemed suitable for submission without oral argument that are presented orally to a
deemed suitable for submission without oral argument that are submitted to a three-
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(k) “COA Calendar”
motions for reconsideration of orders entered by previous COA panels (New 7-1-2003)
The court shall appoint, for each month, a panel composed of three members
of the court to serve on the motions and oral screening calendars. The motions
panel members shall rotate as the "lead judge," the "second judge," and the "third
judge, except the Chief Judge, shall so serve. The Chief Judge and any senior judge
may notify the Clerk that they wish to serve on such panels. Visiting judges shall
The Court shall appoint two judges to serve as the certificate of appealability
(“COA”) panel. The panel will meet for one day. A new panel will be appointed
each week, depending on judges’ availability. All active judges are expected to
serve on two panels per year. Senior judges may notify the Clerk that they are
willing to serve on such panels. Visiting judges shall not be appointed to serve on a
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(c) Written Screening Calendars
The court shall also appoint three-judge panels to serve on written screening
calendars. The panel may consist entirely of senior judges. Such panels are
selected at random by the Clerk's Office at the close of the calendar year, and shall
serve together for the succeeding year. Any senior judge may notify the Clerk that
The monthly motions and oral screening panel (“OSP”) shall be presumptive-
ly scheduled during the same week as the San Francisco oral argument calendars.
The OSP shall sit for five days. Judges may opt to serve on the OSP during the
same month as an oral argument calendar. The panel may readjust the dates of its
session. At the beginning of the calendar year, the Clerk shall establish presump-
tive dates for sessions of the motions and oral screening panels in conjunction with
pointee unable to serve during the entire month assigned shall arrange for a substi-
tute and then notify the Clerk. Insofar as practicable, assignments shall be made in
Each panel may adjust the structure and dates of its sessions, provided that
the panel ensures that: (1) it meets in San Francisco for a length of time sufficient to
dispose of those motions and screening cases ready for presentation that month;
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and, (2) the length of time between panels allows the staff attorneys a sufficient
period of time to prepare an adequate calendar; and (3) members of the panel serve
for the entire month of their assignment. Exchange of a portion of the panel
The senior judge of each panel should notify the Clerk of any changes in the
scheduling of the sessions no later than the second week of the month preceding the
The motions attorneys and designated deputy clerks shall prepare motions not
judge for presentation to a motions panel during the periodically scheduled ses-
sions. Motions shall be presented orally to the motions panel. For some motions,
the moving papers will be sent to the panel in advance of presentation. In complex
In general, each panel shall decide the motions presented to it, but a panel
contact the lead judge of the previous panel to ascertain whether the panel wishes to
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6.3. Delegation of Authority to Dispose of Motions
The Clerk shall enter the receipt or filing of a motion and transmit it as
described below.
The Clerk may dispose of motions described in and subject to the conditions
set forth in Fed. R. App. P. 11(b) and 42(b) and Cir. R. 39-1.5 and 27-7. The Clerk
Upon motion or sua sponte, the Clerk may grant one (1) initial extension of
time of no more than seven (7) calendar days for the filing of a petition for rehear-
ing or petition for rehearing en banc in cases in which the petition must be filed
within fourteen (14) days from entry of judgment. The Clerk will enter an appropri-
ate order and notify the panel judges and the parties accordingly. (Rev. 12-1-02) (rev. 3-
24-04)
Upon motion, the Clerk may grant one (1) initial extension of time of no
more than thirty (30) days for the filing of a petition for rehearing or petition for
rehearing en banc in any criminal case. For purposes of this section, appeals from
petitions under 28 U.S.C. §§2241 and 2254 and motions under 28 U.S.C. § 2255 are
deemed civil cases. The Clerk will enter an appropriate order and notify the panel
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The Clerk may additionally enter orders that deny late requests for costs as
untimely and respond to motions for late filing. Such orders are subject to reconsi-
deration by the authoring judge; any motion for reconsideration is due 14 days from
the date of the clerk’s order. Prisoners not represented by an attorney shall have 28
days from the date of the clerk’s order to move for reconsideration. (New, 7/1/2002)
Except as noted above, all motions in cases that have been calendared for
hearing by, or are under submission to, or have otherwise previously been assigned
All motions filed after the staff attorney have identified a case to be placed on
the screening calendar shall be directed to the Office of Staff Attorneys. The
attorney assigned to the case shall refer the motion to the screening panel, single
single judge is filed during the pendency of a motion which must initially be
presented to a two or three judge panel, the motion shall be presented simulta-
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e. Disposition of Motions by Appellate Commissioner
sioner authority to issue for the court non-dispositive orders in all appeals and
petitions except those that would reverse a decision or order by a district judge or
(3) bail,
(7) leave to proceed in forma pauperis where a district court has denied
such leave,
Requests for the types of relief listed above shall be presented to a motions
motions panel, merits panel, or a single judge in the first instance, regardless of the
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type of relief requested. In addition, the appellate commissioner shall have author-
The Court also authorizes the Chief Judge to delegate to an appellate com-
who shall be authorized to hold a hearing pursuant to Faretta v. California, 422 U.S.
806 (1975), to confirm that appellant’s request is knowing, intelligent, and unequiv-
Should appellant decide to withdraw the request to proceed pro se, the
action will be taken by the court. Should the commissioner determine that appellant
intends to continue with his or her request to proceed on appeal pro se, the commis-
A single judge shall have the authority set forth by statute and, inter alia,
Fed. R. App. P. 22 and 27(c) to grant or deny motions, except as otherwise limited
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by the Circuit Rules or these orders. That these orders allow for the referral of such
judge, and a single judge may perform any function delegated to an appellate
commissioner.
A single judge shall have the authority to refer any motion to a merits panel,
(1) The following motions may be presented to two judges rather than the
full panel if only two are participating. Any motions judge participating may vote
to grant relief and so order. If all judges present agree that relief will not be
(2) The following motions may be presented to no fewer than two judges
rather than the full panel if only two are present. However, two judges must agree
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§ 1292(b); and
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iii. for reconsideration of an appellate commissioner, chief circuit
mediator, or single judge order.
Therefore, the third judge must be present for consideration of the above motions if:
ii. the other panel members disagree about the disposition of the
motion; or
the panel shall direct the motions attorney to make the necessary arrangements. If
one of the judges is recused from consideration of the motion and a three-judge
order is desirable, a judge or the motions attorney shall contact the Clerk and have a
the attention of three judges, the motions attorney shall contact the Clerk who shall
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6.4. Emergency Motions
The Clerk shall enter the receipt or filing of an emergency motion and
processing.
For all emergency motions other than in state death penalty cases, the
motions attorney, after confirming the nature of the emergency with counsel for the
parties when appropriate, shall immediately bring the emergency motion to the
attention of the lead judge of the motions panel. The lead judge, in his or her
discretion, may convene the panel. If the lead judge is unavailable, the motions
attorney shall immediately bring the motion to the attention of the second judge,
and if that judge is unavailable, then to the third judge. Should judges who are not
serving on the motions panel be needed to consider an emergency motion, the Clerk
Pursuant to Ninth Circuit Rule 27-3, the moving parties shall contact the
Clerk's Office in San Francisco prior to filing a motion requesting emergency relief.
Upon such notification, the Clerk shall refer the parties to the appropriate motions
unit and the motions attorney will facilitate the filing of such a motion and any
responses. Pursuant to General Order Section 6.3.a.3, all motions filed in cases
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assigned to merits panels shall be referred to that panel.
Upon the receipt of a motion requesting emergency relief before the next
scheduled motions panel, the motions attorney shall immediately bring the motion
to the attention of the appropriate motions panel and ask for instructions. The
motions attorney shall contact members of the motions panel in accordance with
section 6.4.a. If no member of the motions panel is available, the motions attorney
shall contact the Clerk who shall select judges by lot from among the available
judges.
In the event an emergency motion is first filed in a Clerk's Office other than
in San Francisco, the Clerk or deputy clerk shall immediately bring the matter to the
attention of the merits panel if appropriate, or, in all other cases, the appropriate
motions unit. Upon notification of such a filing, the motions attorney shall coordi-
nate the filing and distribution of the motions papers with the Clerk and shall
immediately notify the motions panel of the emergency pursuant to section 6.4.a
gency motion requesting relief within a 48-hour period may construe the motion as
a request for temporary relief pending further consideration by the motions panel
and grant or deny such relief. However, if the grant or denial of such temporary
relief would effectively dispose of the motion or the appeal, the judge shall obtain
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the concurrence of at least one other judge. The second judge should be a member
of the motions panel or, if unavailable, a judge selected at random by the Clerk.
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Temporary relief should not be granted where relief is not needed before the
next regularly scheduled meeting of the motions panel or where the record indicates
dealing with an emergency motion unless the decision involves the disposition of
the case.
motion, and that judge decides to convene a panel and no members of the motions
panel are available, the Clerk shall draw the needed panel members by lot. After
such a panel has disposed of the emergency, the panel shall be dissolved unless
to be directed to the motions attorneys who will promptly present the matter to a
Clerk. However, a situation may arise where time or circumstances may find a
judge not serving on the motions panel being directly presented with an emergency
motion requesting same or next day relief. In such a situation, that judge should
first attempt to contact the lead judge of the motions panel before acting on the
motion. If the lead judge is not available or is unable to act, and the judge pre-
sented with the motion determines that an emergency situation in fact exists, the
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motion may be construed as one for temporary relief pending consideration by the
full motions panel and disposed of by the single judge, who shall promptly inform
the motions panel and/or the motions unit of the action taken.
Pursuant to the Advisory Note to Circuit Rule 27-3, the Court maintains a
message, the motions attorneys shall follow the procedures described above and
selected at random by the Clerk and proceed pursuant to his or her instructions.
1. Temporary Stay
Upon the filing of a motion or request for stay of removal or deportation, the
court. A briefing schedule will not be set until the motion for stay is resolved. Any
existing briefing schedule will be deemed vacated upon the filing of such a motion.
2. Supplemental Motion
If the initial motion for stay of removal or deportation fails to discuss the
merits of the petition for review or to identify the potential hardships faced by the
petitioner may, within 14 days from the filing of the initial motion, file a supple-
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mental motion for stay. The court will ordinarily not issue any orders directing or
3. Response
The electronic certified administrative record shall be filed with the court
within 56 days from the filing of the motion for stay, with hard copies of the record
served simultaneously on both parties. The respondent shall file its response to the
motion for stay within 84 days from filing of the original request or motion. Any
dispositive motions respondent seeks to file are due at the same time the response is
due.
schedule established pursuant to this subsection, the court will not entertain any
written or oral motions for extension of time to respond to a motion for stay. If the
subsection, respondent shall file a written motion for extension of time to file both
the administrative record and the response to the motion for stay, and shall state
with particularity the reason for the delay in producing the record and the expected
date of completion of the record. Once the electronic administrative record is filed,
no further extensions of time to file a response to the stay motion will be enter-
tained.
4. Reply
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The petitioner may file a reply to the response within 5 days from service of
the response.
If the court determines that it may lack jurisdiction over the petition for
review, an order ordinarily will be issued directing the petitioner to show cause why
the petition should not be dismissed for lack of jurisdiction. Other than the dead-
line for filing the electronic certified administrative record, the time limits set forth
in this order will not apply and the order to show cause will establish the applicable
time limits for responding to the order and to the motion for stay of removal if one
is pending. The temporary stay will continue in effect pending resolution of the
6. Non-Opposition
response provided for in subsection (3) above, the temporary stay shall continue in
effect during the pendency of the petition for review or until further order of the
does not file a response to the stay motion within the time limits set forth in
subsection (3), the absence of a timely response will be treated as a notice of non-
opposition and will be subject to the terms of this subsection. Respondent may, at
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any time during the pendency of the petition for review, move to lift the temporary
stay. Any
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such motion to lift the stay, along with any response filed by petitioner within 8
days of service of the motion, will be presented to the next available motions panel
for disposition.
removal, a briefing schedule shall be established upon the filing of the petition.
The administrative record will be due 56 days from the filing of the petition rather
Note: Pursuant to this court’s decision in DeLeon v. INS, 115 F.3d 643 (9th Cir. 1997), a final
order of deportation or removal is automatically temporarily stayed upon the filing of a
motion or request for stay of deportation or removal in a petition for review of such an
order. This temporary stay is in effect whether or not the court issues an order confirming
such stay. See, id. The court will not ordinarily issue such an order confirming the stay,
although it may issue an order to show cause relating to jurisdictional questions or issues
pertaining to the sufficiency of the stay request and/or the payment of fees. With regard to
further briefing on the merits of the stay, petitioner may file a supplemental motion within
14 days. See, Abbassi v. INS, 143 F.3d 513 (9th Cir. 1998).
Cases are assigned to the screening calendars based on the numerical weight
given to the case by the Clerk's Office. Screening cases must be eligible for
submission without oral argument under FRAP 34(a). Additionally, they should
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(1) The result is clear.
(2) The applicable law is established in the Ninth Circuit based on circuit or
After the Clerk assigns a case to the screening calendar, the Clerk's Office
forwards the case materials to the staff attorneys. The staff attorneys then place
The staff attorneys shall prepare proposed memorandum dispositions for the
cases that they place on the oral screening calendars. An authoring judge will be
designated for each case presented to the oral screening panel, and the writing
The staff attorneys shall orally present the proposed dispositions to the
screening panels at periodically scheduled sessions. After the staff attorneys have
presented each case, the panel members discuss the proposed disposition and make
any necessary revisions. If the three panel members unanimously agree with the
disposition, the designated authoring judge shall direct the presenting attorney to
certify the proposed disposition for filing pursuant to G.O. 6.9. (Rev. 1/1/2000)
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ordinarily will be by unpublished memorandum or order. If, in the judgment of the
All three judges must agree that the case is suitable for the screening program
before a case is disposed of by an oral screening panel. Any one judge may reject a
case from the oral screening calendar. Judges normally shall reject any case that
the next available argument calendar. The proposed disposition and the rejecting
judge's reasons for rejecting the case shall be sent to the Calendar Unit for forward-
The Clerk shall enter the receipt or filing of each petition for rehearing in any
case disposed of by an oral screening panel, and shall forward it to the appropriate
staff attorney. The staff attorney who presented the case to the oral screening panel
shall forward to the panel (1) a copy of the petition for rehearing, and (2) a memo-
randum discussing the issues raised in the petition for rehearing. The staff attorney
also shall notify the appropriate docketing unit, in writing, of the date on which he
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or she forwards the petition for rehearing to the panel. If a petition for rehearing en
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banc is filed in any case disposed of at an oral screening panel, the relevant proce-
When a written screening panel indicates that it is ready for case assignments,
staff shall send the requested number of cases taken from the cases designated as
those eligible for screening pursuant to G.O. 6.5(a). The panel will advise the
clerk’s office as to which member of the panel will have the writing assignment.
The designated authoring judge will prepare and circulate in each case an optional
bench memorandum and a proposed disposition for comment and approval. The
authoring judge is responsible for forwarding the written disposition to the clerk’s
The Calendar Unit shall transmit the materials on a rotating basis to the
panels that have been appointed to serve on the written screening calendar. The
Any one judge may reject a case from the written screening calendar. Judges
shall reject any case that does not meet the screening criteria, as outlined above in
rejected from the written screening calendar, it shall be scheduled on the next
available argument calendar. The draft disposition, and the rejecting judge’s
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reasons for rejecting the case, along with any bench memorandum, shall be sent to
the Calendar Unit for forwarding to the oral argument panel assigned to the case.
(Rev. 7-1-2003)
(2) Dispositions
separate order submitting the case, a footnote should be included in the disposition
indicating that the panel unanimously agrees that the case should be submitted on
[Abrogated 3-24-04]
§ 1826, the Clerk shall docket the appeal and immediately deliver the notice of
appeal to the motions unit. A motions attorney shall immediately review the notice
of appeal to ascertain whether the appeal properly falls within the purview of 28
U.S.C. § 1826.
If the appeal is within the purview of § 1826, the motions attorney shall
immediately notify the senior judge on the motions panel that is scheduled to sit on
the thirtieth day after the notice of appeal was filed. The senior judge, with the
assistance of the motions attorney, shall establish a briefing schedule that will
assure that the appeal can be decided within thirty days of the filing of the notice of
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appeal.
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The senior judge may request assistance from the motions attorneys in preparing a
bench memorandum.
regarding staff assistance, the motions attorney shall send a memorandum to the
three judges on the motions panel that is scheduled to sit on the thirtieth day after
the notice of appeal was filed informing them of the appeal, the briefing schedule,
and, if applicable, the name of the staff attorney assigned to the case. That panel
shall hear and decide the appeal regardless of whether a motion for extension of
Vouchers claiming compensation for services rendered in this court under the
Criminal Justice Act (CJA), 18 U.S.C. § 3006A, shall be filed with the Clerk of this
court no later than 45 days after the final disposition of the case in this court or after
the filing of a petition for certiorari, whichever is later. Counsel are encouraged to
submit only one voucher in each appeal, including in that one voucher claims for
any petition for rehearing, petition for rehearing en banc, and petition for writ of
certiorari. This not only reduces the processing burden on the court and thereby
expedites voucher approval, but also allows a more informed determination whether
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the appeal is "extended or complex" or whether the compensation available is
limited by the statutory maxima set forth in the Criminal Justice Act. (rev. 3-24-04)
tion Summary Form, which shall be provided to counsel along with the voucher.
As noted in the CJA Information Summary Form, counsel may also submit a
detailed explanation along with the form to substantiate the amount requested.
The Clerk shall review each appellate voucher, make computation correc-
tions, make comments concerning the voucher and its compliance with pertinent
statutory and administrative guidelines, and send the voucher to the Appellate
sioner deems reasonable and appropriate under the Criminal Justice Act. If the
Appellate Commissioner concludes that an amount less than that requested by the
attorney the basis for reducing the claim. The Appellate Commissioner will offer
the Appellate Commissioner shall receive and review the request for reconsidera-
tion and may grant it in full or in part. If the Appellate Commissioner does not
grant reconsideration, the request shall be referred to and decided by: (1) the
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authoring judge of the merits panel if the case was submitted to a merits panel; or
(2) the appropriate administrative judge if the case was resolved before submission
to a merits panel.
maximum provided by the Criminal Justice Act, the Clerk shall forward the voucher
The Clerk shall inform counsel of the procedures and criteria for requesting
the Criminal Justice Act for attorney and non-attorney services in the district court
is claimed by an applicant, the district court shall forward to the Clerk of this court
the voucher indicating the amount certified. If the district court certifies payment
for the full amount claimed by the applicant, the Clerk, upon receipt of the voucher,
compensation as is appropriate. If the district court does not certify payment for the
full amount claimed by the applicant, the Clerk shall forward the voucher to the
ate.
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(a) General Procedures
An application for writ of mandamus or writ of prohibition shall not bear the
name of the district judge concerned. Rather, the appropriate district court shall be
named as respondent.
judge or to the court, shall be deemed addressed to the court. Subject to the
following provisions, such an application shall be processed by the Clerk and the a
If the panel determines that the writ should not be granted, it shall deny the
the merits. Otherwise, the panel shall direct that an answer and reply may be filed
within the times fixed by the court. The panel may also issue a stay or injunction
After receipt of the answer and reply, or expiration of the times set therefor,
the application will be sent to a new motions panel unless the first panel directs
otherwise. The panel may grant or deny the application or set it for oral argument.
The panel may hear oral argument or direct that the application be calendared in
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If by reason of emergency, it is necessary that such an application be first
brought to the attention of an individual member of the court, that judge may issue
motions panel, may decline to act, or may order that an answer be filed. Should the
judge determine that immediate action on the merits is necessary, he or she shall
call on a second member of the court and together they may grant or deny the
application. Except in the most extreme emergencies, the judges shall not grant an
application without first requesting a response. The judges shall immediately notify
A judge may direct the Clerk, a designated deputy clerk, a staff attorney, a
disposition that has been approved by the judge or judges whose name(s) appears
the Clerk following such certification. Separate written confirmation is not neces-
sary when the judge transmits an order to the Clerk by electronic mail. (Rev. 1/1/2000)
or a staff attorney to file an order or other document that has been approved by the
may send a written confirmation to the Clerk following such certification. Separate
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written confirmation is not necessary when the appellate commissioner transmits an
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6.11. Motions for Rehearing En Banc
The Clerk shall enter the receipt or filing of a motion for rehearing en banc of
the appropriate motions attorney for processing. The Clerk shall retain the remain-
ing copies until further direction by a judge or motions attorney. In cases involving
judgments of death, the Clerk shall forward all motions for rehearing en banc to
Associates. If the motion was decided by opinion, copies of the motion will be
The motion shall be referred by the motions attorney to the panel which
entered the order in issue. The panel may follow the relevant procedures set forth
in Chapter 5 in considering the motion for rehearing en banc, or may reject the
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Chapter VII.
MEDIATION OFFICE
Circuit Rule 33-1. The goals of the program are to facilitate the voluntary resolu-
tion of appeals in order to reduce the court’s workload and to offer parties an
The circuit mediators are employed by the court to facilitate the resolution of
cases and perform such other duties as the court directs. They are experienced
attorneys who have extensive training and experience in negotiation, mediation and
Ninth Circuit practice and procedure. In facilitating the resolution of disputes, the
mediators act as adjuncts to the court and perform a traditional judicial function.
The mediators are certified as deputy clerks and may enter orders as de-
scribed in Appendix A. They may also issue other procedural orders that facilitate
the goals of the program, including orders that require parties (or party representa-
tives with settlement authority), counsel and any other person subject to the
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Counsel shall be so advised, and discussions shall be arranged in such a manner as
to avoid burdensome time and expense requirements upon the parties and attorneys.
declines to reconsider, the motion or petition will be referred to the chief circuit
mediator. Orders of the chief circuit mediator are subject to review by a panel of no
The mediators may act on their own initiative in any matter pending before
the court that has not been assigned to a panel. Where a panel has been assigned,
they may act only with the permission and at the direction of the panel.
The Civil Appeals Docketing Statement is the primary means by which the
mediators identify cases for inclusion in the mediation program. Counsel in any
matter pending before the court may contact the mediation office to seek assistance
and with permission of the chief circuit mediator will the mediators participate in
Any panel may refer a case to the mediation program at any time. Upon
referral of a case, the mediator assigned to the case may enter orders related to the
media-
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tion function. In cases assigned to a merits panel, the panel may defer or vacate
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7.4 Confidentiality
The court exercises great care to ensure strict confidentiality of the settlement
tial and will not be disclosed to the judges deciding the appeal or to any other person
to settlement shall be maintained only in the mediation office and not made part of the
main Ninth Circuit case file. The mediation office may adopt additional procedures to
protect confidentiality.
The chief circuit mediator may enter orders to show cause regarding sanctions
to address issues that arise in the mediation program. Sanctions may be appropriate if
a participant willfully fails to comply with any properly issued order, including an
in the mediation process. Any response to the order to show cause shall be referred to
the chief circuit mediator, who may discharge it or refer it to the appellate commis-
The Clerk will refer all procedural motions in cases selected for mediation to
the mediation office. The Clerk will notify the mediation office before assigning to a
calendar a case that has been selected for mediation. However, absent an order
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Chapter VIII.
a. Selection - The Chief Judge shall appoint an active judge to serve as the
capital case coordinator. The Chief Judge may, for a particular case, designate an
active or senior judge to serve as capital case coordinator for that case. (rev. 3-24-04)
(1) respond to questions from judges and court staff regarding death
Cir. R. 22-5(a);
be one hour from the receipt by the Clerk of the disposition unless exigent
circumstances exist, in which case the capital case coordinator may establish a
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(5) establish, in his or her discretion, a period for exchange of memo-
randa, which either may be a separate period, or may occur contemporaneously with
(6) establish the procedure and time schedule for pooling the judges
which an en banc vote has been requested. The capital case coordinator shall
inform the Clerk of the procedure and time schedule. Each judge shall be responsi-
ble for informing the capital case coordinator and Clerk how he or she may be
contacted; and
by en banc court in accordance with the procedures described in Ninth Circuit Rule
35-5 to serve in the event that a majority of the eligible non-recused judges votes in
(8) for good cause under exigent circumstances, suspend the operation
petitions normally shall be three hours from the receipt by the court clerk of the
request for en banc rehearing unless otherwise ordered by the death penalty coordi-
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8.2 Duties of En Banc Coordinator
petition or motion as defined in Ninth Cir. R. 22-4(a) and no execution date has
been set, the en banc coordinator shall supervise the en banc process in accordance
The Chief Judge shall supervise the administration of all matters before a
death penalty en banc court as defined in Ninth Cir. R. 22-3(b), except that the
capital case coordinator may decide procedural matters not involving an issue
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Chapter IX.
JUDICIAL PROCEDURES
Each judge shall periodically report to the Chief Judge the number of cases
under submission assigned to the reporting judge for the preparation of dispositions,
the number of such cases in which dispositions have been written and are in
circulation, and the length of time such cases have been under submission and,
where applicable, in circulation. Each judge shall also report the number of three-
judge district court cases to which the judge has been assigned. The authoring
judge shall report orally to the court concerning the status of cases in which
dispositions have not been circulated within six months of submission and cases in
which dispositions have not been filed within nine months of submission.
Authoring judges shall be notified by the Clerk's Office one month prior to the
judges as soon as reasonably convenient after such dispositions have been received,
in another case. If either of the other judges on a panel is unable to act upon a
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proposed disposition within seven days of its receipt, the judge shall so notify the
If a visiting judge fails to prepare a disposition within three months after the
preparation thereof is assigned, the presiding member of the panel shall write to the
judge and request that he or she prepare and circulate the disposition. If a visiting
judge, sitting with a panel of this court, fails to act upon a proposed disposition
prepared by another member of the panel within one month after such proposed
disposition has been transmitted to members of the panel, the presiding member of
the panel shall write to the judge and request that he or she act on the matter.
A visiting judge shall be accorded full seniority in the listing of names in the
disposition and in all other respects, except that a member of the court shall preside
at court sessions and shall assign cases for the preparation of dispositions.
legislation or other matters in which, because of the nature of the matter, it might be
mistakenly assumed that the opinion expressed is that of the court, it shall be made
clear, in expressing such opinion, that the opinion expressed is that of such member
only. Any member so expressing an opinion in writing shall also consider the
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9.6 Three-Judge District Court Assignments (Abrogated )
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Chapter X.
a. Membership
The Executive Committee of the court shall consist of the Chief Judge, the
judge who is next eligible to serve as Chief Judge, if that judge is not currently
senior judge drawn by lot from among those senior judges willing to be considered,
and three other active judges drawn by lot from among those active judges willing
to be considered. Judges drawn by lot shall serve staggered terms of three years. A
judge shall not be eligible to serve again for two years following the expiration of
his or her term of service on the committee, unless that judge becomes eligible to
members shall constitute a quorum. The Chief Judge shall chair the Executive
Committee. Judges drawn by lot who are also eligible to serve on the Judicial
Council shall elect to serve on either the Executive Committee or the Council.
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b. Authority
The Executive Committee shall have the authority to act for the Court on all
(3) rules;
The Executive Committee shall review and may make recommendations to the
c. Meetings
The Executive Committee shall meet every other month for a full-day
meetings may be called by the Chief Judge at any time, or upon the written request
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d. Agendas and Minutes
Court of appeals meetings shall be held at such times and places as the Chief
Judge shall determine. However, no fewer than four meetings shall be held each
year. Special court meetings may be called by the Chief Judge at any time, and
shall be called by the Chief Judge upon the written request of a majority of the
active judges.
All active judges are expected to attend court meetings unless excused by the
Chief Judge. A majority of the active judges shall constitute a quorum. Senior
judges who elect to attend court meetings, unless excused by the chief judge, may
vote. Those senior judges who do not so elect may not vote.
member of the court in advance of each court meeting. The agenda items will
include any of those items listed in General Order 8.1.b.1-7 that are ready for
consideration by the Court, and any other actions taken by the Court Executive
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days prior to the court meeting, or within a reasonable time if circulation of the
agenda is delayed.
agenda and copies have been circulated at least 10 days prior to the meeting, any
judge who wishes to offer a substantive amendment to the rule must circulate the
amendment at least three (3) days in advance of the court meeting. The Chief Judge
tive.
amendment to court rules, may be considered at a court meeting upon the agreement
c. Minutes
Proposed minutes of court meetings shall be distributed to the active judges for
correction. Any corrections shall be suggested to the Court Executive within ten (10)
days of the distribution date. Upon the expiration of that period, the minutes shall
become final. The final minutes of court meetings shall be distributed to all members
of the court.
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10.3. Mail Votes
Between meetings, the court may act by mail vote. On the request of any
active judge, any matter submitted for a mail vote shall be withdrawn and, at the
discretion of the Chief Judge, either set for a teleconference meeting or placed on the
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Chapter XI.
visiting judges chambers, and security), and make recommendations to the Chief
Judge. Arrange for circuit court representation on all District Security Committees
within unit.
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(7) Oversee project involving cameras used during circuit court arguments
within unit.
(8) Maintain contact with Court of Appeals judges within unit and report
on their needs.
(9) Serve as liaison with bar associations within unit and arrange meetings
(10) If most senior judge eligible to become the Chief Judge, serve on
Judicial Council.
(12) Abrogated.
monitor their progress, and make recommendations for improvement in the effec-
tiveness of the councils, within unit. In any state where there are two administrative
unit judges, the most senior administrative unit judge shall make the appointment.
(15) Perform other duties, as requested, by the Chief Judge or the Court.
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Chapter XII.
MISCELLANEOUS PROVISIONS
The seal of the court shall be circular and shall contain the words "United
States" on the upper part of the outer edge, and the words "Court of Appeals" on the
lower part of the outer edge, running from left to right; and the words "Ninth
Circuit" in two lines, in the center, with a dash beneath. All process of this court
shall be in the name of the President of the United States and in like form as process
The court, conference, and robing rooms of the court, when not required for
use by the court, may be used for other appropriate purposes upon order of the
Before oral argument, the Clerk shall inform the parties that the judges on the
panel have read the briefs and that the parties shall take this into account in making
their oral argument. The Clerk shall also inform the parties of the time limits for
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argument and the procedure to be followed in the event they wish to discuss
The admission fee to the bar of this court is set at $190.00 (effective 1-1-05).
The fee is waived for attorneys who are employed by the federal government or a
admitted. If the attorney leaves government service but wishes to practice before
the Court, that attorney must then satisfy the fee requirement. Court employees are
The circuit executive or the Clerk, may authorize expenditures from the Fund
for items contained in the approved annual budget and for revolving fund expendi-
tures that do not exceed $1,500 per item. Any single expenditure for a budgeted or
revolving fund item exceeding $1,500, requires the additional approval of the Chief
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The Chief Judge is authorized to approve expenditures from the Fund in any
amount within the Chief Judge's annual budget limit. The Chief Judge may
delegate this authority to the circuit executive or to the Clerk. See, Plan for
The Clerk shall periodically check the lists forwarded to the court concerning
state disbarments and suspensions against the roll of attorneys practicing before this
court. If it is discovered that any member of the bar of this court has been disbarred
or suspended from the practice of law by any court or other competent authority or
deputy shall assign a docket number to the matter and shall issue an order instruct-
ing the attorney to resign within twenty-eight (28) days from the entry of the order
from the bar of this court or show cause why he/she should not be suspended or
disbarred from practice in this court. The order shall warn the attorney that failure
to respond in a timely fashion will result in removal from the roll of admitted
attorneys without further notice. A motions attorney, upon receipt of the response
thereto, shall present the matter to a current motions panel for appropriate action
pursuant to Ninth Circuit Rule 46-2. If the attorney fails to respond to the order to
show cause, the Clerk shall order that the attorney be removed from the roll of
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If the court becomes aware of a violation of the applicable rules of
professional conduct or a failure to comply with the rules or orders of this court, or
of any other conduct unbecoming a member of its bar, the court may assign a
docket number to the proceedings and take such disciplinary action as it deems nec-
These General Orders pertain primarily to the court's internal functioning and
therefore do not have standing as rules of the court. Nevertheless, such orders shall
be regarded as public records and shall be available, during office hours, for public
inspection at the offices of the Clerk of this court and all district courts of the
circuit. The Clerk shall provide each member of the court and visiting judge with a
loose-leaf book containing the General Orders. Copies of the General Orders may
be purchased, upon request, from the Court of Appeals Clerk's Office in San
Francisco.
ation, may contain comments and notations by the judges, such documents gener-
ally are not to be made available to anyone other than court personnel. However,
original clerk's records, original and any copies of reporter's transcripts, and ex-
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12.8. Prisoner Mail
tion is returned undelivered, the Clerk shall forward the returned mail to the
appropriate state or United States Attorney. The Clerk shall include a letter with
the returned mail instructing the attorney to use all reasonable means to effect
delivery to the prisoner and to submit to the Clerk proof of such efforts and the
Clerk who shall act on any procedural matter as appropriate. All substantive
violates the Federal Rules of Appellate Procedure, the Circuit Rules, orders or other
litigant to pay a sanction in the amount determined by the court or to show cause
why such sanctions would be unwarranted. The order shall state the grounds for
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such sanctions, the authority under which such sanctions are authorized, whether
the sanction would be imposed against counsel, a party or both, and the date upon
which a response shall be filed. Any reply to a response shall be filed within seven
(7) days from service of the response. Upon review of the response and reply, if
any, the appellate commissioner may discharge the order or may refer the response
sanctions. All dispositions in which orders to show cause have been issued shall
A motions or merits panel may issue an order to show cause that directs a
litigant to pay a sanction in the amount determined by the court or to show cause
why such sanctions would be unwarranted. The order shall state the grounds for
such sanctions, the authority under which such sanctions are authorized, whether
the sanction would be imposed against counsel, a party or both, and the date upon
which a response shall be filed. Any reply to a response shall be filed within seven
(7) days from service of the response. Upon review of the response and reply, if
any, the panel may deem the order to be discharged or may impose the sanction.
referred to the Appellate Commissioner so that the order can be entered into the
directing counsel to show cause why sanctions should not be imposed; an order
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discharging such an order to show cause; and an order imposing sanctions or
has not responded to a prior warning order, the Clerk shall prepare an order to show
cause regarding sanctions for the appellate commissioner. Copies of the order shall
be provided to the chief district judge, appropriate district court personnel, and the
reporter regulatory agency. Upon review of the response, the commissioner may
either discharge the order or refer the response to a merits panel or motions panel
When it comes to the attention of a motions panel that a reporter has failed to
prepare previously designated transcripts, the panel shall order the reporter to show
cause why sanctions should not be imposed or may refer the matter to the Clerk. If
the motions panel orders the reporter to show cause, the panel shall review the
response and shall either deem the order to be discharged or order the imposition of
a fine.
When it comes to the attention of a merits panel that a reporter has failed to
prepare previously designated transcripts, the panel shall order the reporter to show
cause why sanctions should not be imposed. If the appeal is ordered off the
calendar, the panel shall refer the matter to the Clerk. If the merits panel orders the
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reporter to show cause, the panel shall review the response and shall either deem
decision, has reason to believe that the affected parties may not point out the
mistake, and believes that justice will be disserved if the mistake is not corrected,
the judge may bring the mistake to the attention of this court by way of a letter
addressed to the Clerk of Court. The Clerk shall distribute the letter to the members
of the panel or as is otherwise appropriate. The judge shall provide copies of the
that arises out of that judge’s cases prior to the entry of an order requiring a
response, the judge may send a letter to the Clerk of Court for distribution to the
panel that will review the petition. The judge shall provide copies to the parties.
comment formally on a filed disposition before the mandate has issued, the judge
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may send a written communication to the Clerk of Court, along with the number of
copies specified in Ninth Circuit Rules to be filed with the petition for rehearing.
See Ninth Circuit Rule 40-1(b) (for petitions for panel rehearing); Ninth Circuit Rule
35-4(b) (for petitions for rehearing en banc). The Clerk shall file the communication
and distribute it to the panel before whom the petition for rehearing is pending, and,
if there is a pending petition for rehearing en banc, to all judges on the court. The
judge shall provide copies of the letter to all parties to the appeal.
longer pending, the judge shall send a written communication to the Clerk of Court.
The Clerk shall distribute the communication to all judges on the Court of Appeals.
This does not restrict other informal comments on closed cases which are otherwise
permitted.
Any active judge may request that the court vote to suspend a provision or
provisions of these orders, except to the extent that any suspension would be
prohibited by law. The request shall be directed to the Chief Judge. The Chief
Judge shall place the matter on the agenda for the next court meeting. If time
constraints demand a more immediate resolution of the matter, the Chief Judge shall
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call for a mail vote. The call shall include a time limit set at the Chief Judge's
discretion within which the judges must submit their votes. Any proposed suspen-
sion must be approved by the number of votes that equals or exceeds two-thirds of
the eligible judges. Any proposed suspension shall state the period for which the
12.12. Confidentiality
available information relating to a matter pending before the court during or prior to
the term of that individual's service that is both learned as a result of that individual's
official duties and not part of the public records of the court, unless the disclosure is
made:
judge;
ment official.
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For the purposes of this section, "information relating to a matter" shall
include information:
seal;
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(b) Learned in connection with any case which has been or is before the
(c) That relates to the deliberative processes of the court in a case that is in
court; and
ing the substance of the case which the court is in the process of
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APPENDIX A
Pursuant to Cir. R. 27-7, the Court has delegated the authority to decide the
following motions to deputized court staff. Unless otherwise noted, a motion can be
acted upon by a deputy clerk, staff attorney, circuit mediator or appellate commis-
(3) to consolidate;
(4) by United States or state to file late amicus brief (if unopposed);
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(11) to stay appellate proceedings (may grant only if based on pending court
or agency action and periodic status reports are required; if based on settlement
(17) to permit the district court to correct clerical mistake in district court
judgment;
ment motion (clerk may grant if unopposed and if movant has complied with Crateo,
Inc. v. Intermark, Inc., 536 F.2d 862, 869 (9th Cir. 1976); clerk may deny if movant
(21) to expedite;
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(24) to grant a motion to withdraw a previously filed motion;
(25) to grant an unopposed motion to file a document under seal when the
document was maintained under seal below, the seal is required by law or filing
below.
appeal and denying as moot other pending motions, provided that the motion
voluntarily dismiss a criminal appeal if the motion does not include defendant's
pointed counsel in a criminal appeal when the motion fails to state a reason for the
(29) to correct the caption or add parties when the motion seeks to remedy a
The Clerk has discretion to refer any of the above motions to a single judge,
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The Clerk is authorized to enter orders referring to the merits panel motions:
(37) filed after a pattern of frivolous, repetitive motions has been estab-
lished.
The Clerk may issue for the court the following orders:
tion;
(39) sua sponte order to show cause in attorney discipline matter under Fed.
R. App. P. 46(b) and to strike from the attorney roll those attorneys who voluntarily
and providing for no costs if it appears that none were incurred by appellee or
respondent;
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(41) order granting National Labor Relations Board's unopposed applica-
tion for enforcement upon stipulation and denying as moot other pending motions;
(42) order granting National Labor Relations Board's motion for entry of
default (unless opposed on grounds other than timely filing of answer) and denying
(43) order denying National Labor Relation Board's motion for entry of
stated conditions if the order provides that notice of reinstatement must be filed
(47) order dismissing an appeal for want of prosecution under Ninth Circuit
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(48) order staying issuance of mandate in petitions dismissed without
prejudice and without issuance of mandate pursuant to the American Baptist Church
settlement agreement;
The Clerk has discretion to refer any of the above motions to a single judge,
The circuit mediators and motions attorneys shall have the same authority to
act on procedural motions as the Clerk, and shall additionally be authorized to issue
negotiations for more than six months if periodic status reports are required;
administrative agencies (in immigration cases by agreement of the parties the order
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(53) orders granting stipulations or unopposed motions to remand a case to
agreement;
(54) orders denying untimely petitions under 28 U.S.C. § 1292(b) when the
petition is filed more than ten days after the district court's certification;
panel order. If the mandate has issued, then the reason for the denial will be because
it is untimely and because the mandate has issued. In either case, if the motions
attorney believes that the motion for reconsideration, although untimely, deserves
review, he/she shall forward the motion to the panel with the customary proposed
(56) orders dismissing duplicative notices of appeal when the record is clear
that two or more appeals have been taken from the same order or judgement;
(57) to dismiss an appeal for lack of jurisdiction that involves legal issues
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(60) to withdraw as appointed counsel pursuant to Anders v. California, 386
U.S. 738 (1967), in criminal cases and set a due date for a pro se supplemental brief.
The conference or motions attorney has discretion to refer any of the above
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ECF User Guide
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United States Court of Appeals for the Ninth Circuit
95 Seventh Street
San Francisco, CA 94103
Copyright © 2008, 2009 United States Court of Appeals for the Ninth Circuit
All rights reserved.
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Contents
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Contents
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Contents
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1 What’s New in This
Update of the User
Guide?
This topic lists the additions and updates that were incorporated in each update of this guide.
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What’s New in This Update of the User Guide? >
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What’s New in This Update of the User Guide? >
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What’s New in This Update of the User Guide? >
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What’s New in This Update of the User Guide? >
• Category changes:
• Court Reporters/Transcripts renamed to Transcripts/Court Reporters
• Filing type changes:
• File Correspondence to Clerk Related to Pending Case (9th Cir.R.25-2) renamed to
File Correspondence to Court
• File Court Reporter Correspondence to Clerk Related to Pending Case renamed to
File Court Reporter Correspondence to Court
• (New filing type) In the Briefs category, added File an Errata to a Brief
• (New filing type) In the Rehearing/Reconsideration category, added File a Reply to
an Answer to a Petition for Rehearing/En Banc
• Updated “Checking the Service List for a Case” on page 47
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2 Getting Started
The topics below provide information that you may find useful when using ECF in the United
States Court of Appeals for the Ninth Circuit.
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Getting Started > Typographical Conventions Used in This Documentation
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Getting Started > Appellate ECF Application Overview
Electronic case files are documents stored in electronic format instead of on paper. Documents can
be created electronically by parties and court staff or paper copies can be scanned. All documents
are stored in Portable Document Format (PDF).
The Appellate ECF portion of the system is easy to use and allows a court to store, retrieve, review
and send case documents in a reliable and secure electronic format. Appellate ECF also offers the
following benefits:
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Getting Started > Hardware and Software Requirements
Supported Browsers
ECF has been tested successfully using Firefox 3.0, and Internet Explorer 6 and 7 as representative
browsers. All testing was performed using the Java Plug-In version 6 (also referred to as 1.6).
Java
You must have at least Java Version 6 Update 1 to use ECF. If you do not have Java on your
computer (or if you aren't sure if you do) go to http://www.java.com/. You will note that there is a
question/link below the Free Java Download button which asks Do I have Java? If you are not
sure whether you have it, this link will run a diagnostic check on your computer and let you know
whether it is already loaded. If you need to download or update Java, simply click the Free Java
Download button and follow the directions on the subsequent pages. The Java Version 6 download
is free, and the program takes only a few minutes to load.
NOTE: Add-on toolbars, such as the Google toolbar are known to interfere with ECF, so we
strongly suggest that you do not download or install add-on toolbars unless you know how to
configure those toolbars so that they do not interfere with ECF.
Screen Resolution
The minimum screen resolution required to run Appellate ECF is 1024 x 768 pixels. If the screen
resolution for your workstation is lower, you must change the resolution before you start using
ECF. You do not have to make any changes to your screen resolution if the current setting is higher
than 1024 x 768 pixels.
CAUTION: If you do not adjust your screen resolution, you may not see all the information you
need to see in order to enter a filing in ECF.
For example, when you click the Continue button at the File a Document screen, the system will
open a warning dialog box that you need to review in order to continue the filing. You may not be
able to see all the information in that warning dialog box if your screen resolution is not high
enough. In order to proceed with a filing, you must select the Continue checkbox before clicking
the OK button.
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Getting Started > Hardware and Software Requirements
An example of a complete warning dialog box is shown in Figure 1. For each warning dialog box,
you must select the Continue checkbox and then click the OK button to proceed with the filing.
Macintosh Users
The Apple Macintosh platform can now be used to run all parts of the ECF with no extra software.
See “Macintosh Users and ECF” on page 111 for details.
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Getting Started > Starting ECF
Starting ECF
After you log in to ECF, the Startup Page window opens.
CAUTION: Notice the checkbox labeled “I understand that, if I file, I must comply with the
redaction rules. I have read this notice.” You must select this checkbox to log in to Appellate
ECF.
2. Make sure you select the redaction rule checkbox to acknowledge that you understand that
you must comply with the redaction rules. The checkbox is located immediately above the
Authentication box.
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Getting Started > Starting ECF
3. In the Login field, type your Appellate ECF login name and in the Password field, type your
password.
NOTE: The Login and Password fields are case-sensitive.
4. (Optional) In the Client Code field, enter a code to identify the person using the account.
This information is only referenced by PACER.
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Getting Started > Starting ECF
e. In the Per Site Privacy Actions dialog box, click the OK button.
f. In the Internet Options dialog box, click the OK button.
g. Restart Internet Explorer and go back to Step 1 on page 16.
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Getting Started > Starting ECF
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Getting Started > Starting ECF
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Getting Started > Starting ECF
CAUTION: Do not close the Startup Page window at any time. If you do close this
window by accident, find the background window, shown in Figure 7, and click the large
CM/ECF button.
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Getting Started > Starting ECF
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Getting Started > Stopping ECF
Stopping ECF
To ensure that the different pieces of the application close correctly, you should always logout from
ECF.
1. From the menu bar of any active ECF window, choose Logout > Logout CM/ECF.
A Confirm Logout dialog box, shown in Figure 9, opens.
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Getting Started > Updating Your Account Information
You can also access the Appellate Filer Account Update page from within Appellate ECF:
1. From the menu bar of any active ECF window, choose Utilities > Update My Account.
The User Account Profile window opens. An example of this window is shown in Figure 10.
In addition, please review “Updating Your Appellate ECF Account” on page 141 for step-by-
step instructions for updating your address, firm name, and email addresses.
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Getting Started > Windows in ECF
Windows in ECF
In ECF, most windows are divided into several parts: a title bar, a menu bar, a screen area, and an
area at the bottom of the window that contains command buttons. An example of a window is
shown in Figure 11.
Title Bar
The title bar contains the following elements: the ECF icon, the title of the window, and the
standard window controls (minimize, maximize/restore, and close).
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Getting Started > Windows in ECF
Menu Bar
The menu bar contains a number of menus that contain commands. In Figure 12, Docketing,
Reports, Utilities, Logout, and Help are menus. Notice for Cases of Interest and Update My
Account are commands or menu items.
In most cases, you can also use the Cancel button in this area to cancel the process you are
currently working on. An example of a set of command buttons is highlighted in Figure 13.
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Getting Started > Drop-Down Lists
Drop-Down Lists
A drop-down list contains a set of predefined values. In Figure 14, there are two drop-down lists,
Category and Description. The Description drop-down list is the active drop-down list (the
values that you can select are visible).
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Getting Started > Radio Buttons
Radio Buttons
A radio button is a control that you turn on by selecting the radio button. Radio buttons are mutually
exclusive. This means that if you select one radio button in a group, you will not be able to select
another radio button in that same group. In some cases, selecting a radio button changes the other
user interface elements in the application.
Figure 15 shows two sets of radio buttons. The set on the left represents categories, the set on the
right represents a type of filing. In Figure 15, the Motions/Responses/Replies radio button and the
File a Response to a Motion/Form radio buttons are selected.
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Getting Started > Date Fields
Date Fields
A date field is a field where you must enter a date in one of the following supported formats:
• mm/dd/yy or mm/dd/yyyy
Example: 7/2/07
• mm-dd-yy or mm-dd-yyyy
Example: 7-02-2007
• mm.dd.yy or mm.dd.yyyy
Example: 7.2.07
In ECF, you can also fill in a date field by selecting a date from a pop-up calendar.
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Getting Started > Date Fields
TIP: Use the navigation buttons at the top of the calendar to quickly view the calendar for
another month and year.
• Click the << button to go to the previous year without changing the month. In the example
in Figure 16, clicking the << button would show March 2008.
• Click the < button to go to the previous month. In the example in Figure 16, clicking the <
button would show February 2009.
• Click the > button to go to the next month. In the example in Figure 16, clicking the >
button would show April 2009.
• Click the >> button to go to the next year without changing the month. In the example in
Figure 16, clicking the >> button would show March 2010.
2. Click a date to fill in the date field from where you invoked the calendar.
The calendar pop-up closes.
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3 An Overview of Filing
The topics listed below describe the process of filing in ECF. In ECF, you use the Docketing menu
to start filing a document.
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An Overview of Filing > Completing an Electronic Filing
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An Overview of Filing > Completing an Electronic Filing
2. In the Case field, type the number of the case for which you are entering the filing and press
the Tab key.
Notice that the case number and title now appear below the menu bar in the File a Document
window. In addition, the case number and title appear in the Case Selection box in the lower
part of the window. The highlighted areas in Figure 18 indicate where the case information
appears.
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An Overview of Filing > Completing an Electronic Filing
3. If other case numbers appear in the Case Selection box (another example is shown in
Figure 19), make sure that you select the checkboxes for those additional cases where you want
to enter your filing; this is in addition to the case that you entered in the Case field.
You are now ready to find the filing type so you can enter your filing.
4. Use the information in “Finding and Selecting the Filing Type” on page 38 to make your
selections to identify the type of filing you are entering.
5. Click the Continue button.
A warning dialog box opens. Carefully review the information in the dialog box, select the
Continue checkbox, and click the OK button.
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An Overview of Filing > Completing an Electronic Filing
7. After you complete information in a details screen, click the Continue button.
If more information is needed for the filing, another details screen opens. In this case, fill in the
necessary information and click the Continue button again.
When you have entered all the information for the filing, and you have clicked the Continue
button, the Docket Text dialog box opens. An example of the Docket Text dialog box, for a
response opposing a motion, is shown in Figure 20.
The Docket Text dialog box shows you the text of the entry as it will appear on the docket once
you complete the filing. You cannot change the text in this dialog box.
TIP: If you realize that you need to make changes to the filing, you can click the Back button
to step back in the filing.
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An Overview of Filing > Completing an Electronic Filing
TIP: If you realize that you need to make changes to the filing, you can click the Back button
to step back in the filing.
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An Overview of Filing > Completing an Electronic Filing
TIP: If you are not seeing the notice in a new browser window, check your pop-up blocker
settings. You must allow pop-ups from the Court’s site.
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An Overview of Filing > Finding and Selecting the Filing Type
When you click a category in the categories list, a list of filing types appears in the area labeled
Select One.
For example, to file a response to a motion, you would select the Motions/Responses/Replies
radio button in the categories list, and then select the File a Response to a Motion/Form in the
filing types list.
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An Overview of Filing > Selecting the Filing Party
Figure 25 shows an example of the Party Filer area without any selections. To select an entry, you
must click the checkbox to the left of the Filer column. When a filer is selected, a checkmark
appears in the checkbox and the row is highlighted. In Figure 26, the filer ABC Fiction Team is
selected.
TIP: You can use the Select All and Clear All buttons to select or clear all the entries in the list in
the Party Filer area.
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An Overview of Filing > Selecting Reliefs for a Filing
To select a relief
1. From the Category drop-down list, select a category of reliefs.
Selecting a value from the Category drop-down list filters the values available in the
Description drop-down list. An example of the Category drop-down list, in expanded state, is
shown in Figure 28.
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An Overview of Filing > Selecting Reliefs for a Filing
TIP: You can use the Remove button to remove one selected entry, or the Clear All button to
clear all the entries in the list.
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An Overview of Filing > Selecting Related Previous Entries for a Filing
Figure 27 shows an example of the Related Previous Entries area without any selections. You can
click the document icon in the Doc column to see the document that is attached to the entry on the
Court’s docket. You may have to log in to PACER if you are not already logged in.
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An Overview of Filing > Selecting Related Previous Entries for a Filing
TIP: You can use the Remove button to remove one selected entry, or the Clear All button to clear
all the entries in the list.
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An Overview of Filing > Attaching PDF Documents to Filings
To attach a document
1. In the PDF Document area, click the Browse button.
The Select PDF document dialog box opens. An example of this dialog box is shown in
Figure 35. By default, the Select PDF document dialog box points to the last location you
accessed to attach documents from within ECF.
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An Overview of Filing > Attaching PDF Documents to Filings
The PDF Document area expands to include another Document field, another Browse button,
and a Description field for the second document, as shown in Figure 37.
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An Overview of Filing > Attaching PDF Documents to Filings
TIP: If you attached a certificate of service, you could type Certificate of Service,
as shown in the example in Figure 38.
Figure 38. PDF Document Area With Description Field Completed For Standard Form
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An Overview of Filing > Checking the Service List for a Case
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An Overview of Filing > Checking the Service List for a Case
• If the word Active is in the ECF Filing Status column, then your electronic filing will
constitute service to the party.
• If Not Registered, Exempt, Pending, Rejected, or Suspended is in the ECF Filing Status
column, then you must serve this party by US Mail.
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4 Submitting a Brief for
Review by the Court
Before you start, make sure you review the information in “An Overview of Filing” on page 31, to
familiarize yourself with the process of filing something in ECF.
Follow the instructions in this topic to submit a brief for review by the Court.
1. In the Startup Page window, from the menu bar, choose Docketing > File a Document.
The File a Document window, shown in Figure 41, opens.
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Submitting a Brief for Review by the Court >
2. In the upper part of the window, in the Case field, type the case number and press the Tab key.
TIP: Notice that the case number and title now appear below the menu bar in the File a
Document window. In addition, the case number and title appear in the Case Selection box in
the lower part of the window. The Case Selection box also lists all other cases associated to the
case for which you entered the case number in the Case field. Figure 42 illustrates this.
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Submitting a Brief for Review by the Court >
4. In the list labeled Select One, select the Submit Brief for Review by the Court radio button.
Figure 43 shows an example of the File a Document window with the filing category and type
selected.
Figure 43. File a Document Window With Filing Category and Type Selected
5. (Optional) If other case numbers appear in the Case Selection box (an example is shown in
Figure 44), make sure that you select the checkboxes for those additional cases where you want
to enter your filing; this is in addition to the case that you entered in the Case field.
Figure 44. Multiple Cases in Case Selection Box
NOTE: No matter what type of association is shown in parentheses next to the additional cases,
if a case is selected, the filing will be done in the case.
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Submitting a Brief for Review by the Court >
Figure 45. Submit Brief for Review by the Court - Warning Dialog Box
7. Carefully review each message and when you are done, select the Continue checkbox button
at the bottom of the dialog box to confirm that you have read the messages.
CAUTION: If you read a warning and realize that you need to edit your brief, then do not
continue with this event. In this case, click the OK button without selecting the Continue
checkbox.
Figure 46 on page 53 shows an example of the warning dialog box with the Continue
checkbox selected.
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Submitting a Brief for Review by the Court >
TIP: If you do not see all the messages or the OK button, check your screen settings and make
sure you are running at a screen resolution of at least 1024 x 768 pixels.
Figure 46. Submit Brief for Review by the Court - Warning Dialog Box - Ready to Continue
8. When you have reviewed all the warnings and selected the Continue checkbox, click the OK
button.
A screen opens where you must enter additional information about the brief that you are
submitting.
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Submitting a Brief for Review by the Court >
9. In the Party Filer area, select the party or parties you represent by selecting the checkbox to
the left of the Filer column.
Figure 47 shows an example of a Party Filer area with the Respondent party selected.
NOTE: If you are a Pro Se filer, select your name in the list.
Figure 47. Submit Brief for Review by the Court - Party Filer
10. From the Type of Brief drop-down list, select the correct value.
CAUTION: This drop-down list defaults to Opening. Make sure you select a different value
if you are not submitting an opening brief.
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Submitting a Brief for Review by the Court >
TIP: Remember to review the service list for the case by choosing Reports > Service List.
Follow the step-by-step instructions in “Checking the Service List for a Case” on page 47.
At this point, the screen should look similar to what is shown in Figure 48.
Figure 48. Submit Brief for Review by the Court - Party Filer, Type of Brief, Service Date Completed
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Submitting a Brief for Review by the Court >
13. Navigate to and select the PDF file you want to attach.
CAUTION: Each PDF that you attach to your filing may not exceed 5 MB in size.
15. To attach another document, such as the certificate of service, click the Add Another button.
NOTE: The certificate of service does not need to be a separate document. The certificate of
service can be part of the main document that you attach to the filing.
The PDF Document area expands to include another Document field, another Browse button,
and a Description field for the second document, as shown in Figure 51.
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Submitting a Brief for Review by the Court >
TIP: If you attached a certificate of service, you could type Certificate of Service,
as shown in the example in Figure 52.
Figure 52. PDF Document Area With Description Field Completed For Standard Form
Figure 53. Submit Brief for Review by the Court - Second Page Completed
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Submitting a Brief for Review by the Court >
Figure 54. Submit Brief for Review by the Court - Docket Text Dialog Box
CAUTION: This is the “point of no return.” If you made a mistake, click the Back button to step
back in the filing.
Figure 55. Submit Brief for Review by the Court - Event Review Dialog Box
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Submitting a Brief for Review by the Court >
NOTE: If a browser window or browser tab does not open with the notice of docket activity,
check the pop-up blocker settings in your browser. The only reason the notice of docket activity
does not open is that a pop-up blocker is preventing a window or tab from opening.
An example of a notice of docket activity, in this case opened in a second tab in the browser
window, is shown in Figure 56.
Figure 56. Submit Brief for Review by the Court - Notice of Docket Activity
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5 Filing a Motion
Before you start, make sure you review the information in “An Overview of Filing” on page 31, to
familiarize yourself with the process of filing something in ECF.
1. In the Startup Page window, from the menu bar, choose Docketing > File a Document.
The File a Document window, shown in Figure 57, opens.
2. In the upper part of the window, in the Case field, type the case number and press the Tab key.
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Filing a Motion >
TIP: Notice that the case number and title now appear below the menu bar in the File a
Document window. In addition, the case number and title appear in the Case Selection box in
the lower part of the window. The Case Selection box also lists all other cases associated to the
case for which you entered the case number in the Case field. Figure 58 illustrates this.
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Filing a Motion >
4. In the list labeled Select One, select the File a Motion radio button.
Figure 59 shows an example of the File a Document window with the filing category and type
selected.
Figure 59. File a Document Window With Filing Category and Type Selected
5. (Optional) If other case numbers appear in the Case Selection box (an example is shown in
Figure 60), make sure that you select the checkboxes for those additional cases where you want
to enter your filing; this is in addition to the case that you entered in the Case field.
NOTE: No matter what type of association is shown in parentheses next to the additional cases,
if a case is selected, the filing will be done in the case.
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Filing a Motion >
7. Carefully review each message and when you are done, select the Continue checkbox button
at the bottom of the dialog box to confirm that you have read the messages.
8. Click the OK button.
A screen opens where you must enter additional information about the filing.
9. In the Party Filer area, select the party or parties you represent by selecting the checkbox to
the left of the Filer column.
NOTE: If you are a Pro Se filer, select your name in the list.
Figure 62 shows an example of a Party Filer area with the Respondent party selected.
10. If this is not a standard motion, select a value from the Optional Modifier For Motion
drop-down list.
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Filing a Motion >
11. In the Relief area, select the relief that describes the motion by doing the following:
a. From the Description drop-down list, select the relief.
b. Click the Apply button.
c. Repeat Step a and Step b to add another relief.
Figure 63 shows an example of a Relief area with two reliefs selected: motion for attorney
fees and motion for miscellaneous relief.
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Filing a Motion >
13. If you selected motion for miscellaneous relief, a Relief Preconditions dialog box opens. In
this case, if you are sure there is no relief that matches your request, click the Continue
checkbox, then click the OK button to continue.
Figure 64 shows an example of a Relief Preconditions dialog box.
Another screen opens where you must enter more information about the filing.
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Filing a Motion >
16. Navigate to and select the PDF file you want to attach.
CAUTION: Each PDF that you attach to your filing may not exceed 5 MB in size.
18. To attach another document, such as the certificate of service, click the Add Another button.
NOTE: The certificate of service does not need to be a separate document. The certificate of
service can be part of the main document that you attach to the filing.
The PDF Document area expands to include another Document field, another Browse button,
and a Description field for the second document, as shown in Figure 67.
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Filing a Motion >
TIP: If you attached a certificate of service, you could type Certificate of Service,
as shown in the example in Figure 68.
Figure 68. PDF Document Area With Description Field Completed For Standard Form
NOTE: Depending on the relief or reliefs that you selected on the previous page, other
Additional Information areas with additional fields may appear on the screen, such as
Amount of Attorney Fees Requested, or Description of Miscellaneous Motion. If this
happens, make sure you fill in those fields before continuing to the next step.
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Filing a Motion >
CAUTION: This is the “point of no return.” If you made a mistake, click the Back button to step
back in the filing.
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Filing a Motion >
NOTE: If a browser window or browser tab does not open with the notice of docket activity,
check the pop-up blocker settings in your browser. The only reason the notice of docket activity
does not open is that a pop-up blocker is preventing a window or tab from opening.
An example of a notice of docket activity, in this case opened in a second tab in the browser
window, is shown in Figure 72.
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6 Filing a Motion and a
Response to a Motion
Together
Before you start, make sure you review the information in “An Overview of Filing” on page 31, to
familiarize yourself with the process of filing something in ECF.
Follow the instructions in this topic to file a motion and a response to a motion in one filing (and
one document).
1. In the Startup Page window, from the menu bar, choose Docketing > File a Document.
The File a Document window opens.
2. In the upper part of the window, in the Case field, type the case number and press the Tab key.
TIP: Notice that the case number and title now appear below the menu bar in the File a
Document window. In addition, the case number and title appear in the Case Selection box in
the lower part of the window.
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Filing a Motion and a Response to a Motion Together >
4. In the list labeled Select One, select the File a Motion and a Response to a Motion Together
radio button.
Figure 73 shows an example of the File a Document window with the filing category and type
selected.
Figure 73. File a Document Window With Filing Category and Type Selected
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Filing a Motion and a Response to a Motion Together >
5. If other case numbers appear in the Case Selection box (an example is shown in Figure 74),
make sure that you select the checkboxes for those additional cases where you want to enter
your filing; this is in addition to the case that you entered in the Case field.
NOTE: No matter what type of association is shown in parentheses next to the additional cases,
if a case is selected, the filing will be done in the case.
Figure 75. File a Motion and a Response to a Motion Together- Warning Dialog Box
7. Carefully review each message and when you are done, select the Continue checkbox button
at the bottom of the dialog box to confirm that you have read the messages.
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Filing a Motion and a Response to a Motion Together >
9. In the Party Filer area, select the party or parties you represent by selecting the checkbox to
the left of the Filer column.
NOTE: If you are a Pro Se filer, select your name in the list.
Figure 76 shows an example of a Party Filer area with the Respondent party selected.
Figure 76. File a Motion and a Response to a Motion Together - Party Filer
10. If this is not a standard motion, select a value from the Optional Modifier For Motion
drop-down list.
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Filing a Motion and a Response to a Motion Together >
11. In the Relief area, select the relief that describes the motion by doing the following:
a. From the Description drop-down list, select the relief.
b. Click the Apply button.
c. Repeat Step a and Step b to add another relief.
Figure 77 shows an example of a Relief area with two reliefs selected: motion for attorney
fees and motion for miscellaneous relief.
Figure 77. File a Motion and a Response to a Motion Together - Relief Selected
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Filing a Motion and a Response to a Motion Together >
13. If you selected motion for miscellaneous relief, a Relief Preconditions dialog box opens. In
this case, if you are sure there is no relief that matches your request, click the Continue
checkbox, then click the OK button to continue.
Figure 78 shows an example of a Relief Preconditions dialog box.
A screen opens with two areas: Additional Information and Related Previous Entries. An
example is shown in Figure 79.
14. From the Response Type drop-down list, select the value that matches the type of response you
are filing.
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Filing a Motion and a Response to a Motion Together >
15. Use the controls in the Related Previous Entries area to select the motion for which you are
filing a response.
See “Selecting Related Previous Entries for a Filing” on page 42 for step-by-step instructions
for selecting the previous filing for which you are filing a response.
19. Navigate to and select the PDF file you want to attach.
CAUTION: Each PDF that you attach to your filing may not exceed 5 MB in size.
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Filing a Motion and a Response to a Motion Together >
21. To attach another document, such as the certificate of service, click the Add Another button.
NOTE: The certificate of service does not need to be a separate document. The certificate of
service can be part of the main document that you attach to the filing.
The PDF Document area expands to include another Document field, another Browse button,
and a Description field for the second document, as shown in Figure 82.
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Filing a Motion and a Response to a Motion Together >
TIP: If you attached a certificate of service, you could type Certificate of Service,
as shown in the example in Figure 83.
Figure 83. PDF Document Area With Description Field Completed For Standard Form
CAUTION: This is the “point of no return.” If you made a mistake, click the Back button to step
back in the filing.
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7 Filing a Court Reporter
Motion to Extend Time
Before you start, make sure you review the information in “An Overview of Filing” on page 31, to
familiarize yourself with the process of filing something in ECF.
Follow the instructions in this topic to file a court reporter motion to extend time.
TIP:The Court has prepared a fill-in form that you can use for your motions. Check the Court’s
Forms section in the ECF page at http:/www.ca9.uscourts.gov/cmecf.
1. In the Startup Page window, from the menu bar, choose Docketing > File a Document.
The File a Document window opens.
2. In the upper part of the window, in the Case field, type the case number and press the Tab key.
TIP: Notice that the case number and title now appear below the menu bar in the File a
Document window. In addition, the case number and title appear in the Case Selection box in
the lower part of the window.
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Filing a Court Reporter Motion to Extend Time >
4. In the list labeled Select One, select the File a Court Reporter Motion to Extend Time radio
button.
Figure 84 shows an example of what you have done so far: case number in Case field,
Transcripts/Court Reporters and File a Court Reporter Motion to Extend Time radio
buttons selected.
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Filing a Court Reporter Motion to Extend Time >
5. (Optional) If other case numbers appear in the Case Selection box (an example is shown in
Figure 85), make sure that you select the checkboxes for those additional cases where you want
to enter your filing; this is in addition to the case that you entered in the Case field.
NOTE: No matter what type of association is shown in parentheses next to the additional cases,
if a case is selected, the filing will be done in the case.
Figure 86. File a Court Reporter Motion to Extend Time - Warning Dialog Box
7. Carefully review each message and when you are done, select the Continue checkbox button
at the bottom of the dialog box to confirm that you have read the messages.
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Filing a Court Reporter Motion to Extend Time >
• If your name does not appear in the Court Reporter Filer area, type it in the text box in
the Additional Information area.
10. Click the Continue button.
Another screen opens where you must enter more information about the filing.
12. In the PDF Document area, click the Browse button to navigate to and select the PDF
document of your motion.
TIP:The Court has prepared a fill-in form that you can use for your motions. Check the Court’s
Forms section in the ECF page at http:/www.ca9.uscourts.gov/cmecf.
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Filing a Court Reporter Motion to Extend Time >
Figure 88 shows an example of the Service and PDF Document areas filled in.
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Filing a Court Reporter Motion to Extend Time >
Figure 89. File a Court Reporter Motion to Extend Time - Docket Text Dialog Box
CAUTION: This is the “point of no return.” If you made a mistake, click the Back button to step
back in the filing.
Figure 90. File a Court Reporter Motion to Extend Time - Event Review Dialog Box
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Filing a Court Reporter Motion to Extend Time >
NOTE: If a browser window or browser tab does not open with the notice of docket activity,
check the pop-up blocker settings in your browser. The only reason the notice of docket activity
does not open is that a pop-up blocker is preventing a window or tab from opening.
An example of a notice of docket activity, in this case opened in a second tab in the browser
window, is shown in Figure 91.
Figure 91. File a Court Reporter Motion to Extend Time - Notice of Docket Activity
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8 Filing a Petition for
Rehearing
Before you start, make sure you review the information in “An Overview of Filing” on page 31, to
familiarize yourself with the process of filing something in ECF.
1. Make sure you have a PDF copy of the Opinion or Memorandum Disposition for which you
are requesting the rehearing.
You must attach the Opinion or Memorandum Disposition to your filing.
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Filing a Petition for Rehearing >
2. In the Startup Page window, from the menu bar, choose Docketing > File a Document.
The File a Document window, shown in Figure 92, opens.
3. In the upper part of the window, in the Case field, type the case number and press the Tab key.
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Filing a Petition for Rehearing >
TIP: Notice that the case number and title now appear below the menu bar in the File a
Document window. In addition, the case number and title appear in the Case Selection box in
the lower part of the window. The Case Selection box also lists all other cases associated to the
case for which you entered the case number in the Case field. Figure 93 illustrates this.
4. In the categories list on the left, select the Rehearing/Reconsideration radio button.
The right part of the window is updated to show a list of possible filings in the Rehearing/
Reconsideration category.
5. In the list labeled Select One, do one of the following:
• To request a rehearing by panel only, select the File a Petition for Panel Rehearing
(FRAP 40; 9th Cir. R. 40-1) radio button.
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Filing a Petition for Rehearing >
• To request a rehearing by en banc panel only, select the File a Petition for Rehearing En
Banc (FRAP 35; 9th Cir. R. 35-1) radio button.
• To request a rehearing by panel and en banc panel, select the File a Combination Petition
for Panel Rehearing/En Banc (FRAP 35, 40)Submit Brief for Review by the Court
radio button.
Figure 94 shows an example of the File a Document window with the filing category
Rehearing/Reconsideration and available rehearing types highlighted.
Figure 94. File a Document Window With Filing Category and Types Highlighted
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Filing a Petition for Rehearing >
6. (Optional) If other case numbers appear in the Case Selection box (an example is shown in
Figure 95), make sure that you select the checkboxes for those additional cases where you want
to enter your filing; this is in addition to the case that you entered in the Case field.
NOTE: No matter what type of association is shown in parentheses next to the additional cases,
if a case is selected, the filing will be done in the case.
Figure 96. File a Petition for Panel Rehearing - Warning Dialog Box
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Filing a Petition for Rehearing >
8. Carefully review each message and when you are done, select the Continue checkbox button
at the bottom of the dialog box to confirm that you have read the messages.
CAUTION: If you want to request reconsideration of an Order, click the OK button to return to
the previous screen, and select File a Motion for Reconsideration instead.
10. In the Party Filer area, select the party or parties you represent by selecting the checkbox to
the left of the Filer column.
Figure 97 shows an example of a Party Filer area with the Respondent party selected.
NOTE: If you are a Pro Se filer, select your name in the list.
Figure 97. Submit Brief for Review by the Court - Party Filer
11. From the Requesting Rehearing of drop-down list, select the correct value.
CAUTION: This drop-down list defaults to memorandum. Make sure you select opinion if
you are requesting a rehearing of an opinion.
12. In the Date of Memorandum or Opinion field, type the date the memorandum or opinion was
filed.
13. In the Service Date field, type the date of service.
TIP: Remember to review the service list for the case by choosing Reports > Service List.
Follow the step-by-step instructions in “Checking the Service List for a Case” on page 47.
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Filing a Petition for Rehearing >
15. Navigate to and select the PDF file of the petition for rehearing.
CAUTION: Each PDF that you attach to your filing may not exceed 5 MB in size.
Figure 99. PDF Document Area With One Document, Petition for Rehearing, Attached
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Filing a Petition for Rehearing >
17. To attach another document, such as the opinion or memorandum or the certificate of service,
click the Add Another button.
NOTE: The certificate of service does not need to be a separate document. The certificate of
service can be part of the main document that you attach to the filing.
The PDF Document area expands to include another Document field, another Browse button,
and a Description field for the second document, as shown in Figure 100.
Figure 101. PDF Document Area With Description Field Completed For Standard Form
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Filing a Petition for Rehearing >
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Filing a Petition for Rehearing >
Figure 103. File a Petition for Panel Rehearing - Docket Text Dialog Box
CAUTION: This is the “point of no return.” If you made a mistake, click the Back button to step
back in the filing.
Figure 104. File a Petition for Panel Rehearing - Event Review Dialog Box
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Filing a Petition for Rehearing >
NOTE: If a browser window or browser tab does not open with the notice of docket activity,
check the pop-up blocker settings in your browser. The only reason the notice of docket activity
does not open is that a pop-up blocker is preventing a window or tab from opening.
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9 Working With Email
Notices of Docket
Activity
The topics below describe the notice of docket activity and explain how to save a copy of the
documents attached to the notice.
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Working With Email Notices of Docket Activity > What is in a Notice of Docket Activity?
NOTE: If you are not a party or attorney in a case, and you signed up to receive notices for cases
of interest, the “one free look” does not apply.
The notice shows case information, docket text, the recipient names, and a hyperlink for the case
number. In addition, the notice may include a link labeled Document(s). If you are logged in to
PACER, clicking the case number hyperlink takes you to the Docket Report window from where
you can generate a docket report. “Document Links in a Notice of Docket Activity” on page 101
explains how the document links work.
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Working With Email Notices of Docket Activity > What is in a Notice of Docket Activity?
An example of a browser window with a notice of docket activity is shown in Figure 105.
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Working With Email Notices of Docket Activity > The Subject Line of a Notice of Docket Activity
Even if the notice applies to several cases, the subject line of a notice of docket activity only lists
one case number! An example of this is a notice of oral argument. Usually, a notice of oral
argument notice applies to all the cases that are scheduled to be heard on the same day, but only
one case number will appear in the subject line of the notice of docket activity. The docket text
includes information to let you know that you must open the documents attached to the notice to
view details about your case. An example of docket text for a notice of oral argument is shown
below.
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Working With Email Notices of Docket Activity > Document Links in a Notice of Docket Activity
You can click the Document(s) link to view the document or documents that were attached.
CAUTION: Remote electronic access to documents in Social Security cases and immigration
matters is limited to the attorneys or parties in the case in order to protect the privacy of the
individuals involved in those cases. You may inspect these files in person in the Clerk's office. If
you are a party or attorney in the case, you can access documents in these cases only by using your
Appellate ECF Filer ID and Password and choosing Reports > PACER Report after you have
logged in to Appellate ECF. See Federal Rule of Appellate Procedure 25(a)(5) and Federal Rule
of Civil Procedure 5.2.
In ECF documents are attached in portable document format (PDF). This means that when you
click a document link, the document opens in Adobe Reader or in another PDF-capable application
on your system. For the purpose of this guide, we will assume that you are using Adobe Reader.
NOTE: If you are not a party or attorney in a case, and you signed up to receive notices for cases
of interest, the “one free look” does not apply.
The document opens in your web browser or in a separate Adobe Reader window, depending
on your settings.
2. Choose File > Save As (or Save A Copy, if Save As is not shown).
-or-
3. In the Save As dialog box, enter the file name and location, and click the Save button.
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10 Creating
Cross-Document
Hyperlinks
The topics below describe how to create a hyperlink in a PDF document, where the hyperlink links
to another PDF document in a CM/ECF database. The document being referenced can be a
document that was previously filed or a document that is being filed in the same transaction (filing)
as the referencing document. The steps to create a hyperlink and to generate documents in PDF
format are similar whether you are using WordPerfect or Word to create documents; differences are
noted as needed.
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Creating Cross-Document Hyperlinks > Creating a Hyperlink to a Document Already Filed in a Case
1. Access CM/ECF and run the docket report for the case in which the document was filed.
2. Locate the document among the docket entries.
3. Copy the URL (the “address”) of the document to the clipboard by doing the following:
a. Hover over the document link and click the right mouse button (the document link displays
after the docket date and is represented by an icon or a number with an underscore, for
example, 5).
b. From the pop-up menu, choose Copy Shortcut or Copy Link Location (the option you
will see depends on your browser),
CAUTION: DO NOT copy the URL from the browser’s address bar when the document is
open.
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Creating Cross-Document Hyperlinks > Creating a Hyperlink to a Document Already Filed in a Case
5. In the document, highlight the citation text for which you want to create the hyperlink.
An example is shown in Figure 107.
6. If you are using WordPerfect, go to: “To create the hyperlink and produce a PDF in
WordPerfect” below.
-or-
If you are using Word, go to: “To create the hyperlink and produce a PDF in Word” on
page 105.
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Creating Cross-Document Hyperlinks > Creating a Hyperlink to a Document Already Filed in a Case
3. If the citation is to a specific page in the document, append a string to the URL to identify the
page: ?page=x
For example:
https://ecf.ca1.uscourts.gov/docs1/001010708409?page=23
NOTE: Because of an incompatibility between Internet Explorer and Adobe Acrobat, the page
number pointer will not work if the user opens the document with Internet Explorer.
If you are using a version of WordPerfect that has a Publish to PDF or Publish to option on
the File menu, choose Publish to PDF or choose Publish to, then choose PDF.
NOTE: If you are using an earlier version of WordPerfect that does not have one of these
Publish options, you must upgrade to Version 11 or higher.
You are now ready to file your document and upload the PDF with hyperlinks.
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Creating Cross-Document Hyperlinks > Creating a Hyperlink to a Document Already Filed in a Case
If you are using a version of Word that has an Adobe PDF menu, choose the Convert to Adobe
PDF option.
If you are using Word but do not have an Adobe PDF menu, close the Word file and follow the
steps below.
c. In the navigation dialog box, find and select the document that you want to convert to PDF,
then click the Open button.
A series of dialog boxes open while the document is converted to PDF. When the
conversion is complete, the document is displayed in an Adobe Acrobat window, with
active hyperlinks (the ones you defined in the Word document).
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Creating Cross-Document Hyperlinks > Creating Hyperlinks Between Documents in the Same Filing
When you create the link, it points to the referenced document where it exists on your local system
or network and when the documents are filed in CM/ECF, the link is converted to an “address” in
CM/ECF.
1. Create PDF versions of any secondary documents, such as attachments or exhibits, that will be
referenced by the main document.
2. Open the main document in the word processing program.
The main document is the document that will have hyperlinks to the secondary documents.
3. In the main document, highlight the text for which you want to create the hyperlink to the
secondary document.
4. If you are using WordPerfect, go to: “To create the hyperlink to an attachment and produce a
PDF in WordPerfect” below.
-or-
If you are using Word, go to: “To create the hyperlink to an attachment and produce a PDF in
Word” on page 109.
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Creating Cross-Document Hyperlinks > Creating Hyperlinks Between Documents in the Same Filing
3. Navigate to and select the PDF file that you want to link to and click the Select button.
The Document/Macro field in the Hyperlink Properties dialog box now shows the file you
selected.
If you are using a version of WordPerfect that has a Publish to PDF or Publish to option on
the File menu, choose Publish to PDF or choose Publish to, then choose PDF.
NOTE: If you are using an earlier version of WordPerfect that does not have one of these
Publish options, you must upgrade to Version 11 or higher.
You are now ready to file your documents and upload the PDF with hyperlinks.
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Creating Cross-Document Hyperlinks > Creating Hyperlinks Between Documents in the Same Filing
2. Navigate to and select the PDF file that you want to link to.
3. The Address field in the Insert Hyperlink dialog box now shows the file you selected.
4. If the citation is to a specific page in the document, append a string to the value in the field to
identify the page: ?page=x
For example:
C:\MyFiles\Exhibit-A.pdf?page=23
NOTE: Because of an incompatibility between Internet Explorer and Adobe Acrobat, the page
number pointer will not work if the user opens the document with Internet Explorer.
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Creating Cross-Document Hyperlinks > Creating Hyperlinks Between Documents in the Same Filing
If you are using a version of Word that has an Adobe PDF menu, choose the Convert to Adobe
PDF option.
If you are using Word but do not have an Adobe PDF menu, close the Word file and follow the
steps below.
c. In the navigation dialog box, find and select the document that you want to convert to PDF,
then click the Open button.
A series of dialog boxes open while the document is converted to PDF. When the
conversion is complete, the document is displayed in an Adobe Acrobat window, with
active hyperlinks (the ones you defined in the Word document).
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11 Macintosh Users and
ECF
The topics below provide information specific to Macintosh users that will be useful when using
ECF in the United States Court of Appeals for the Ninth Circuit.
The Apple Macintosh platform can now be used to run all parts of the ECF with no extra software.
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Macintosh Users and ECF > Prerequisites for Macintosh Users
You will not be able to log in if you have not installed this update.
CAUTION: Make sure you review the information in “Known Java Issues for Mac Users” on
page 123 before you attempt to start ECF.
NOTE: If you have an Intel-based Mac that is not 64-bit capable, you may be able to use one of the
parallel operating system products, such as Fusion or Parallels, that allow a Mac to mimic the
Windows operating system. Fusion and Parallels only run on Intel-based Mac systems.
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Macintosh Users and ECF > Prerequisites for Macintosh Users
4. Drag the entries up and down to match the order shown in Figure 112.
CAUTION: If you do not see Java SE 6, you do not have the latest version of Java. In this case,
download it from Apple, install the update and start again.
To set Firefox as the default browser and clear the browser cache and cookies
1. Open Firefox.
2. Choose Firefox > Preferences.
3. In the dialog box that opens, click the Advanced icon at the top, then make sure the General
tab is the active tab.
4. At the bottom of the dialog box, under System Defaults, click the Check Now button to check
and set Firefox as the default browser.
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Macintosh Users and ECF > Prerequisites for Macintosh Users
NOTE: Depending on the version of Firefox that you are using, the illustration below may not
exactly match what you see. Figure 113 shows the Cookies settings in Firefox 3.5.5.
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Macintosh Users and ECF > Prerequisites for Macintosh Users
7. In the Cookies dialog box, click the Remove All Cookies button.
The Cookies dialog box should look similar to the one shown in Figure 115.
8. Close the Cookies dialog box, then close the Preferences dialog box.
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Macintosh Users and ECF > Prerequisites for Macintosh Users
10. Make sure the Cookies, Cache, and Active Logins checkboxes are all selected.
11. Click the Clear Now button.
12. Close the Clear Recent History dialog box.
To set Safari as the default browser and clear the browser cache and cookies
1. Open Safari.
2. Choose Safari > Preferences.
3. In the dialog box that opens, click the General icon at the top.
4. From the Default web browser drop-down list, select Safari.
5. In the dialog box, click the Security icon at the top.
6. Under Accept Cookies, click the Show Cookies button.
7. In the dialog box that opens, click the Remove All button, then click the Done button.
8. Close the Preferences dialog box.
9. Choose Safari > Empty Cache.
10. In the dialog box that opens, click the Empty button.
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Macintosh Users and ECF > Starting ECF on a Mac
After you enter your login and password and you click the Login button, the browser may ask what
to do next. This one-time setup is to associate the Java Network Launching Protocol (JNLP) file
with Java Web Start. The dialog box shown in Figure 117 opens.
1. If the dialog box shows Java Web Start in the drop-down list next to Open with, then
select the Open with radio button and go to step Step 3 on page 119.
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Macintosh Users and ECF > Starting ECF on a Mac
2. If you see a Choose button next to the Open with radio button, then click Choose to select the
helper application.
A dialog box similar to the one shown in Figure 118 opens.
Do the following:
a. In the left hand list, find and click the entry labeled Utilities.
b. In the list on the right, find and click the entry labeled Java.
This shows the list of helper applications for Java, as shown in Figure 119.
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Macintosh Users and ECF > Starting ECF on a Mac
5. If a certificate dialog box opens asking you if you want to accept the certificate from
“ecf.ca9.uscourts.gov,” click the Trust button to continue.
Another certificate dialog box opens. This time, you must click the Trust button to ensure that
ECF will be able to read PDF files from your Mac. The PDF certificate dialog box will look
similar to the one shown in Figure 120.
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Macintosh Users and ECF > Starting ECF on a Mac
The Startup Page window opens in the foreground. Notice that your last login date and time are
shown near the middle of the page. An example of this window is shown in Figure 122.
CAUTION: Do not close the Startup Page window at any time. If you do close this window
by accident, find the background window, shown in Figure 121, and click the large CM/ECF
button.
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Macintosh Users and ECF > Known Differences for Mac Users
The default Mac browser must be used to log in to ECF. If a secondary browser is used, it will not
know that you are logged in when running browser-based portions of the system. To change the
default browser, go to Safari > Preferences > General. Use the Default web browser to indicate the
default web browser.
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Macintosh Users and ECF > Known Differences for Mac Users
Right-Click Functionality
There are a few areas in ECF Appellate which feature right-click functionality. Mac users can
access the same features by going to System Preferences > Keyboard and Mouse > Trackpad, and
selecting the checkbox labeled Tap trackpad using two fingers for secondary click.
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Macintosh Users and ECF > Known Java Issues for Mac Users
If you have Safari and Firefox, the Court recommends using Firefox to file electronically in
order to avoid some of the issues described in this section.
Safari and Firefox Installed on Your System, Using Safari to Log In to CM/ECF
Assuming you followed the instructions for clearing the cache and cookies, and setting the default
browser, you should be able to run CM/ECF to do your filings. However, PACER Report, Service
List, and Help will open in a new Firefox window instead of the existing Safari window. As a result,
the browser (Firefox) will not recognize that you are logged in to CM/ECF and will not allow you
to run the reports.
As a workaround, you can copy the URL from the Firefox window to a new tab in your Safari
browser. For this reason, the Court recommends using Firefox to file electronically if you have both
Safari and Firefox installed on your system.
Safari and Firefox Installed on Your System, Using Firefox to Log In to CM/ECF
Assuming you followed the instructions for clearing the cache and cookies, and setting the default
browser, you should be able to run CM/ECF after following the steps below to find and identify
Java Web Start:
1. Open Firefox.
2. Choose Firefox > Preferences.
3. In the dialog box that opens, click the Application icon at the top.
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Macintosh Users and ECF > Known Java Issues for Mac Users
4. In the Content Type box (on the left) scroll down to JNLP File and select that entry.
By default, the Action for this Content Type is set to Use Java Web Start (default), as shown
in Figure 124.
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Macintosh Users and ECF > Known Java Issues for Mac Users
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Macintosh Users and ECF > Known Java Issues for Mac Users
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12 Filing Categories and
Types of Motions
This chapter provides a complete list of the ECF filing categories and types of motions you can file.
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Filing Categories and Types of Motions > Briefs
Briefs
An example of part of the File a Document window with the Briefs category selected is shown in
Figure 127.
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Filing Categories and Types of Motions > Briefs
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Filing Categories and Types of Motions > Motions/Responses/Replies
Motions/Responses/Replies
An example of part of the File a Document window with the Motions/Responses/Replies category
selected is shown in Figure 128.
• File a Motion. For a list of the types of motions that you can file, see “Types of Motions
Available When Filing a Motion” on page 131.
• File a Response to a Motion/Form
• File a Motion and a Response to a Motion Together. For a list of the types of motions that you
can file, see “Types of Motions Available When Filing a Motion” on page 131.
• File a Reply to a Response to a Motion
• File a Response to an Order to Show Cause
• File a Response to a Court Order
• File a Reply to a Response to an Order to Show Cause
• File a Reply to a Response to a Court Order
• File a Motion for Reconsideration from Dispositive Order
• File a Motion for Reconsideration from Non-Dispositive Order
• Submit Brief for Review and File a Motion Together. See “Briefs” on page 128 for additional
information.
• File a Court Reporter Motion to Extend Time. See “Court Reporters” on page 135 for
additional information.
• File an Answer to an Original Petition
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Filing Categories and Types of Motions > Motions/Responses/Replies
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Filing Categories and Types of Motions > Motions/Responses/Replies
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Filing Categories and Types of Motions > Motions/Responses/Replies
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Filing Categories and Types of Motions > Rehearing/Reconsideration
Rehearing/Reconsideration
An example of part of the File a Document window with the Rehearing/Reconsideration category
selected is shown in Figure 129.
• File a Petition for Panel Rehearing (FRAP 40; 9th Cir. R. 40-1)
• File a Petition for Rehearing En Banc (FRAP 35; 9th Cir. R. 35-1)
• File a Combination Petition for Panel Rehearing/En Banc (FRAP 35, 40)
• File an Answer or Response to a Petition for Rehearing/En Banc
• File a Reply to an Answer to a Petition for Rehearing/En Banc
• File a Motion for Reconsideration from Dispositive Order
• File a Motion for Reconsideration from Non-Dispositive Order
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Filing Categories and Types of Motions > Court Reporters
Court Reporters
An example of part of the File a Document window with the Court Reporters category selected
is shown in Figure 130.
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Filing Categories and Types of Motions > Answers to Original Petitions
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Filing Categories and Types of Motions > Appeals Pursuant to FRAP 9(a)
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Filing Categories and Types of Motions > Forms/Notices/Disclosures
Forms/Notices/Disclosures
An example of part of the File a Document window with the Forms/Notices/Disclosures category
selected is shown in Figure 133.
TIP: You can download fill-in forms from the Court’s website. Go to http://www.ca9.uscourts.gov/
, click the Downloads link, then click the arrow icon to the left of Forms and Guidelines. You
must have Adobe Acrobat to save a fill-in form. If you do not have Adobe Acrobat, fill in the form,
print the form, and then scan it so you can attach it to your filing.
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Filing Categories and Types of Motions > Correspondence/Status Reports
Correspondence/Status Reports
An example of part of the File a Document window with the Correspondence/Status Reports
category selected is shown in Figure 134.
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Filing Categories and Types of Motions > Prospective Amici and Intervenors
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13 Updating Your Appellate
ECF Account
Since the Court is now live with Electronic Filing, all filers must update their own accounts. Do
not send the Court notices of change of address or change of name, instead, follow the instructions
in one of the following topics:
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Updating Your Appellate ECF Account > Updating a Company Name or Company Address
1. Navigate to https://pacer.psc.uscourts.gov/psco/cgi-bin/cmecf/ea-login.pl.
The login page is shown in Figure 136.
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Updating Your Appellate ECF Account > Updating a Company Name or Company Address
2. Enter the attorney’s login and password and click the Verify Login button.
The Appellate CM/ECF Filer Account Update page opens. This page has three tabs:
Maintenance, History, and Miscellaneous, as shown in Figure 137.
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Updating Your Appellate ECF Account > Updating a Company Name or Company Address
4. In the Update Data tab, click the Update Address Info link.
A screen opens with one tab labeled Address Maintenance. The system shows the address
currently on file for the account. An example is shown in Figure 139.
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Updating Your Appellate ECF Account > Updating a Company Name or Company Address
6. Make your changes to update the firm’s information (name, phone number, address).
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Updating Your Appellate ECF Account > Updating a Company Name or Company Address
7. Select the checkbox labeled Check here if this address change applies to the entire firm, as
shown in Figure 141.
8. Click the Submit button to submit your changes to the PACER Service Center.
A confirmation page opens to let you know that your request has been sent to the PACER
Service Center.
9. Click the OK button to return to the main Appellate CM/ECF Filer Account Update page.
10. Click the Logout link in the Miscellaneous tab.
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Updating Your Appellate ECF Account > Updating Your Email and Address When you Move to a Different Firm
1. Navigate to https://pacer.psc.uscourts.gov/psco/cgi-bin/cmecf/ea-login.pl.
The login page is shown in Figure 142.
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Updating Your Appellate ECF Account > Updating Your Email and Address When you Move to a Different Firm
2. Enter your login and password and click the Verify Login button.
The Appellate CM/ECF Filer Account Update page opens. This page has three tabs:
Maintenance, History, and Miscellaneous, as shown in Figure 143.
4. In the Update Data tab, click the Update Personal Info link.
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Updating Your Appellate ECF Account > Updating Your Email and Address When you Move to a Different Firm
5. In the Change Personal Information tab in the page that opens, update the Primary E-Mail
Address and Verify Primary E-Mail fields with your new email address.
An example is shown in Figure 145.
7. Click the OK button to return to the main Appellate CM/ECF Filer Account Update page.
8. In the Maintenance tab, click the Personal Info/Address Updates link.
A page opens with one tab labeled Update Data. An example is shown in Figure 146.
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Updating Your Appellate ECF Account > Updating Your Email and Address When you Move to a Different Firm
9. In the Update Data tab, click the Update Address Info link.
A screen opens with one tab labeled Address Maintenance. The system shows the address
currently on file for the account. An example is shown in Figure 147.
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Updating Your Appellate ECF Account > Updating Your Email and Address When you Move to a Different Firm
11. Make your changes to reflect your new firm and its contact information.
12. Click the Submit button to submit your changes to the PACER service center.
13. A confirmation page opens to let you know that your request has been sent to the PACER
Service Center.
14. Click the OK button to return to the main Appellate CM/ECF Filer Account Update page.
15. Click the Logout link in the Miscellaneous tab.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 1 - Splash
Slide notes
Welcome to the PACER Report Electronic Learning Module.
This lesson is designed to give you an overview of the PACER Report options in CM/ECF.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 2 - Navigation
Slide notes
Here are the navigation instructions for this lesson module. After you have read them, click the Start button to begin the lesson.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 3 - Objectives
Slide notes
Here are the objectives for this lesson. These are the things you will be able to do when you complete this lesson.
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PACERReportTranscript Wednesday, August 27, 2008
Slide notes
In this lesson we have already logged in to the CM/ECF application. To review the login process, see the Introduction to CM/ECF lesson.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 5 - Slide 5
Slide notes
Now click on PACER Report.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 6 - Slide 6
Slide notes
NOTE: This is a transition slide.
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PACERReportTranscript Wednesday, August 27, 2008
Slide notes
Since PACER fees will apply, we need to enter our PACER account login and password. Before we do, notice the check box to Make this my default
PACER login. If you check this box, as the screen indicates, CM/ECF would automatically log you into this PACER account each time you log in to
CM/ECF. We'll leave it un-checked for this lesson.
Remember that logins and passwords are case sensitive, so be sure to enter them exactly as they were assigned to you.
For now, enter the Login at1868, then press the TAB key on your keyboard.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 8 - Slide 8
Slide notes
Now enter the password 1922ecftest, then press the TAB key again.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 9 - Slide 9
Slide notes
Finally, you can enter a Client Code. This code is optional, but it will help you keep track of PACER fees by client. Enter Cunningham, then click the Login
button.
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PACERReportTranscript Wednesday, August 27, 2008
Slide notes
The Case Search Page appears.
The primary purpose of this Case Search Page is to locate information about a case by entering a case number, a range of case numbers, or by entering
the name of a party or attorney on a case. We'll look at the Advanced Search options later. To see how the basic search works, enter "66-999"" in the
Case Number field, then click the Search button.
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PACERReportTranscript Wednesday, August 27, 2008
Slide notes
If the case number you entered is valid, basic information about the case is displayed.
At the top of the Case Selection Table, the case number and title are shown. Multiple cases would be listed if you had searched for a range of case
numbers, or perhaps for a party or attorney name.
Also shown for each case are the case opening date, the date the last docket entry was made, and the originating case number.
As the screen indicates, you can click on the case number to get a General Docket for the case, on the short title to get case query options, and on the
originating case number to get a summary for the originating case.
Click on case number 66-999 to get a General Docket for the case.
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PACERReportTranscript Wednesday, August 27, 2008
Slide notes
CM/ECF Shows you the general docket for the summary of this case. The general docket consists of basic information about the case, including originating
case information, plus the last few docket entries, limited so that the summary is only one page long. Notice the button at the top that would allow you to
view the full docket for this case. PACER fees are computed before you view it. We'll take a look at it later.
In order to see the rest of the general docket, click the down arrow on the scroll bar.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 13 - Slide 13
Slide notes
The rest of the docket is displayed. Notice the document number 1 on this docket is underlined and is blue. This is a hyperlink to the document that was
filed with the docket entry. To view the document, you would click on the document number.
By the way, for security reasons some documents may not be available for you.
Scroll back to the top of the docket by clicking the up arrow in the scroll bar.
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PACERReportTranscript Wednesday, August 27, 2008
Slide notes
At the top of the case summary is a button for viewing the full docket report. Click the button for Full Docket.
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PACERReportTranscript Wednesday, August 27, 2008
Slide notes
The Docket Report Filter page allows you to select what parts of the docket report you want to include. You would check the items you want to include and
un-check the items you don't want.
We'll leave all items selected. Click the Run Docket Report button.
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PACERReportTranscript Wednesday, August 27, 2008
Slide notes
CM/ECF produces a full docket report for the selected case with the options you checked. Scroll down the page.
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PACERReportTranscript Wednesday, August 27, 2008
Slide notes
The complete case caption is shown.
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PACERReportTranscript Wednesday, August 27, 2008
Slide notes
All docket entries for the case are included in the full docket report.
To view the document that was filed for the first docket entry, click the hyperlink for document number 1.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 19 - Slide 19
Slide notes
NOTE: This is a transition slide.
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PACERReportTranscript Wednesday, August 27, 2008
Slide notes
CM/ECF shows you a list of the documents that are attached to the filing, along with the number of pages of each. Click the icon for the first document,
Civil Case Docketed.
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PACERReportTranscript Wednesday, August 27, 2008
Slide notes
A Download Confirmation page will open. You should note the number of pages in the document, and what the cost will be to your PACER account.
Also notice the check box for Show PDF Header. If you leave this check box checked, the document you view will have a header at the top of each page.
This header will include things like the case number, the page number, and the date filed. If you don't want that information at the top of each page, you
would click the check box to uncheck it.
Click the button to accept the charges and retrieve the document.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 22 - Slide 22
Slide notes
NOTE: This is a transition slide.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 23 - doc 1
Slide notes
CM/ECF now shows you the PDF document. This document may appear either in a new, separate window, or in the same browser window.
In this example, the document is in a new browser window.
Notice at the top are options to save or print a copy of this document.
In order to return to the docket sheet, click the close button in the upper right corner.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 24 - Slide 24
Slide notes
Now let's look at the third document. Click the icon for the Civil Docketing Letter.
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PACERReportTranscript Wednesday, August 27, 2008
Slide notes
Now click the button to Accept Charges and Retrieve.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 26 - doc 3
Slide notes
And the PDF file for the letter is displayed. Close the PDF window by clicking its X.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 27 - Slide 27
Slide notes
To see the Time Schedule Order, click its icon.
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PACERReportTranscript Wednesday, August 27, 2008
Slide notes
Now accept the charges and retrieve the document.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 29 - doc 4
Slide notes
And here's the Time Schedule Order.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 30 - Slide 30
Slide notes
And close this window by clicking the X.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 31 - Slide 31
Slide notes
And now you're back to the docket sheet. Click the browser's Back button to back up to the case selection page.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 32 - Slide 32
Slide notes
Click the Back button again to back up one more screen.
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PACERReportTranscript Wednesday, August 27, 2008
Slide notes
And we're back to the Case Search Page. Now let's explore the Advanced Search features. Click on Advanced Search.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 34 - Slide 34
Slide notes
The advanced search options allow you to locate a case using additional search criteria. For example, you can search for cases by case types, origin, filed
dates in a date range, closed dates in a date range, and by nature of suit.
Scroll down.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 35 - Slide 35
Slide notes
The other advanced options include the ability to sort the cases selected by either case number or filed date in either ascending or descending order. You
can further specify whether you want open cases only, closed cases only, or both.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 36 - Slide 36
Slide notes
We will not explore the other features on this page in this lesson, but I encourage you to experiment with the other links shown here. For now, close the
Case Search Page window.
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PACERReportTranscript Wednesday, August 27, 2008
Slide notes
And that was a quick tour of the Reports menu and the PACER options.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 38 - Slide 38
Slide notes
Now click Logout CM/ECF.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 39 - Slide 39
Slide notes
NOTE: This is a transition slide.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 40 - Slide 40
Slide notes
Confirm you want to logout by clicking Yes.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 41 - Slide 41
Slide notes
NOTE: This is a transition slide.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 42 - Summary
Slide notes
This concludes the PACER Report lesson module.
You may close this lesson's window by clicking its close button or by selecting Exit the Lesson from the
menu, or you may use the playback controls to return to any desired section of the lesson.
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PACERReportTranscript Wednesday, August 27, 2008
Slide 43 - Exit
Slide notes
Thanks for taking the lesson. Goodbye.
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Introduction_to_CMECF Monday, July 28, 2008
Slide 1 - Welcome
Slide notes
Welcome to the Introduction to CM/ECF Electronic Learning Module.
This lesson is designed to give you a basic introduction to the U.S. Courts' Case Management/Electronic Case Files application.
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Introduction_to_CMECF Monday, July 28, 2008
Slide 2 - Navigation
Slide notes
These are the instructions for how to navigate through this lesson module. When you're ready, click the Start button to begin the lesson.
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Introduction_to_CMECF Monday, July 28, 2008
Slide 3 - Objectives
Slide notes
Here are the objectives for this lesson. These are the things you will be able to do when you complete this lesson. When you're ready, click Continue.
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Introduction_to_CMECF Monday, July 28, 2008
Slide notes
Before you login to CM/ECF let me mention that you need to obtain a filing login from the PACER Service Center in order to file electronically with the
appellate courts. This filing login is in addition to any PACER account login you may already have. In order to fully use the appellate CM/ECF application,
you should have both kinds of accounts. You can find the PACER Service Center's web site at http://pacer.psc.uscourts.gov.
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Introduction_to_CMECF Monday, July 28, 2008
Slide notes
In order to connect with the court's CM/ECF application, the first step is to enter the address of the system in your browser. You may want to consider
adding this address to your favorites in your browser so you can access it easily.
The first screen you will see is the Appellate CM/ECF Login screen. On this screen you will enter your assigned Login and Password.
You may also optionally enter a Client Code. This code is to help you keep track of PACER charges for your various clients, but it can be left blank.
Both the login and password fields are case sensitive. This means you must enter them in upper or lower case exactly as they were assigned to you.
Let's begin a simulated login process. In the Login field, type "ca9ecftest", then either press the TAB key or click in the Password field.
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Introduction_to_CMECF Monday, July 28, 2008
Slide 6 - Slide 6
Slide notes
When you enter your password, CM/ECF will not display the characters you type but will disguise them.
Enter "Passwordtest", with a capital P, as your password, then press TAB or click in the Client Code field.
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Introduction_to_CMECF Monday, July 28, 2008
Slide 7 - Slide 7
Slide notes
Now enter Cunningham as a client code, then either press the Enter key on your keyboard, or click the Login button.
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Introduction_to_CMECF Monday, July 28, 2008
Slide 8 - Slide 8
Slide notes
(Note: This is a transitional slide.)
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Introduction_to_CMECF Monday, July 28, 2008
Slide 9 - Slide 9
Slide notes
(Note: This is a transitional slide.)
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Introduction_to_CMECF Monday, July 28, 2008
Slide 10 - Slide 10
Slide notes
(Note: This is a transitional slide.)
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Introduction_to_CMECF Monday, July 28, 2008
Slide 11 - Slide 11
Slide notes
Let's pause here for a moment. CM/ECF shows you a warning. When the program starts, two windows will be opened in your browser. This window will
remain in the background, while a new window will open on top of it. The new window will be the one you use. This background window should not be
closed until you're done with CM/ECF. If you do close it, it will close all the currently opened windows in the CM/ECF application.
Also, while CM/ECF is loading, your browser may show you some security messages. These messages may be about ActiveX controls or scripting. If your
browser does prompt you about these, you should choose the options that will allow these browser features to work.
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Introduction_to_CMECF Monday, July 28, 2008
Slide 12 - Slide 12
Slide notes
(Note: This is a transitional slide.)
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Introduction_to_CMECF Monday, July 28, 2008
Slide 13 - Slide 13
Slide notes
And the Startup Page window opens. This is the main window in CM/ECF. Let's take a quick tour of it.
Notice near the middle of the window your last login date and time are displayed.
In the upper right corner of the window are the normal Microsoft Windows controls to minimize, maximize, and close the window.
At the top left of the window is the main CM/ECF menu. These are the five options available to you. In this lesson, we will take a quick look at each of the
menu items to see what they contain.
To use the main menu, click on the desired option. For example, click on Docketing in the menu.
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Introduction_to_CMECF Monday, July 28, 2008
Slide 14 - Slide 14
Slide notes
When you click a main menu option, a drop-down menu will appear. In this instance, the only further option is File a Document. We will explore this option
in subsequent lesson modules.
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Introduction_to_CMECF Monday, July 28, 2008
Slide 15 - Slide 15
Slide notes
The menu shows PACER Report and Service List as its options. PACER stands for Public Access to Courts Electronic Records, and is managed by the
PACER Service Center. Any reports you create will be subject to the PACER public access fee. Service List lets you generate a service list for a case in
which you are a participant.
Refer to the lesson module on PACER Reports for more information about that menu item.
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Introduction_to_CMECF Monday, July 28, 2008
Slide 16 - Slide 16
Slide notes
The option under Utilities is for you to update your CM/ECF account information. Next, roll your mouse over Logout.
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Introduction_to_CMECF Monday, July 28, 2008
Slide 17 - Slide 17
Slide notes
The next item in the menu is the Logout option. You should always remember to logout when your done with your CM/ECF session. We'll do that in just a
few minutes. For now, roll your mouse over Help.
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Introduction_to_CMECF Monday, July 28, 2008
Slide 18 - Slide 18
Slide notes
The help menu item has two options, Help, and About CM/ECF. The Help option provides you with access to the built-in help feature. Let's see what that
looks like. Click Help in the drop-down menu.
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Introduction_to_CMECF Monday, July 28, 2008
Slide 19 - Slide 19
Slide notes
(Note: This is a transitional slide.)
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Introduction_to_CMECF Monday, July 28, 2008
Slide 20 - Slide 20
Slide notes
The ECF User Guide opens in a new window. This PDF document provides you with help about how to use the CM/ECF application. A copy of this
document is also posted on the 9th Circuit's web site. For now, close this window by clicking the X in its upper-right corner.
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Introduction_to_CMECF Monday, July 28, 2008
Slide 21 - Slide 21
Slide notes
Let's look at the other option in the Help Menu. Click Help again.
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Introduction_to_CMECF Monday, July 28, 2008
Slide 22 - Slide 22
Slide notes
Now click About CM/ECF.
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Introduction_to_CMECF Monday, July 28, 2008
Slide 23 - Slide 23
Slide notes
(Note: This is a transitional slide.)
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Introduction_to_CMECF Monday, July 28, 2008
Slide 24 - Slide 24
Slide notes
CM/ECF pops up a window which shows you the current version of the CM/ECF application.
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Introduction_to_CMECF Monday, July 28, 2008
Slide 25 - Slide 25
Slide notes
And that was a quick tour of the CM/ECF menu. The only option left is Logout.
You should always remember to log out when you're done. To do so, click Logout in the menu.
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Slide 26 - Slide 26
Slide notes
Now click Logout CM/ECF.
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Slide 27 - Slide 27
Slide notes
(Note: This is a transitional slide.)
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Slide 28 - Slide 28
Slide notes
Confirm you want to logout by clicking Yes.
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Slide 29 - Summary
Slide notes
This concludes the Introduction to CM/ECF lesson module.
Login to the application, recognize the CM/ECF Main Menu options, obtain Help, and Logout.
You may close this lesson's window by clicking its close button or by selecting Exit the Lesson from the menu, or you may use the playback controls to
return to any desired section of the lesson.
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Introduction_to_CMECF Monday, July 28, 2008
Slide 30 - exit
Slide notes
Thanks for taking the lesson. Goodbye.
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Electronic Case Filing in the Ninth Circuit February 2009
Welcome
Slide notes
Welcome to the training video on Electronic Case Filing in the US Court of Appeals for the 9th Circuit. Click the START button to begin the training session.
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Electronic Case Filing in the Ninth Circuit February 2009
Navigation
Slide notes
During this video, you can click the Continue button at any time to go to the next topic. You can also click the Go Back button to return to the previous topic.
If a “Show” button appears, you can click that button to see a demonstration of the topic currently being discussed. You can click the CC button in the
toolbar to show closed captioning text instead of listening to the narration.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
What has happened so far with the implementation of CM/ECF in the Court of appeals for the Ninth circuit.
First, the appellate version of CM/ECF was developed and implemented by the Court.
In March 2008, we allowed attorneys to register for electronic noticing, meaning that attorneys could choose to receive all notices from the Court
electronically.
In September 2008, voluntary electronic filing started. For electronic filing, an attorney must register through PACER. Electronic filing includes electronic
noticing.
In January 2009, electronic filing became mandatory. The bottom line is that at this point, all attorneys and court reporters must use the Appellate ECF
system, so make sure you register in advance to avoid filing delays.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
Let's review what's new for Attorneys in this new age of electronic filing ...
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Electronic Case Filing in the Ninth Circuit February 2009
Court Website
Slide notes
You can find almost all the information you need at our newly redesigned website, www.ca9.uscourts.gov. As mentioned earlier, the website's address is
www.ca9.uscourts.gov.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
Once you are at that page, click the Electronic Filing - CM/ECF link to access the main electronic filing page.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
The Electronic Filing page lets you access the administrative order, frequently asked questions and answers, what you need to run CM/ECF on your
system, and other useful information.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
Let's review the Electronic Case Filing page. First, there's a link to the Administrative Order. Always review this order since it governs the rules and
procedures for electronic filing
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Electronic Case Filing in the Ninth Circuit February 2009
Administrative Order
Slide notes
You can save or print this order for future reference. Remember to check the Court's website for updates.
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Electronic Case Filing in the Ninth Circuit February 2009
Registration Section
Slide notes
The Registration section provides information about how long it can take to process a registration. The section also has a link to the page where you submit
a registration for ECF in the Ninth Circuit Court of Appeals.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
Under General Information you can find out what equipment you need to file electronically, and you can find answers to frequently asked questions. The
information in this topic should provide answers to most of your questions. The link to the administrative order is repeated here for your convenience.
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Electronic Case Filing in the Ninth Circuit February 2009
Logging In Section
Slide notes
The Logging in section provides links to the ECF login page (if you want to file electronically) and for PACER (to run docket reports).
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Electronic Case Filing in the Ninth Circuit February 2009
Training Section
Slide notes
The Training section has a link to the in-person training schedule and lets you access ECF learning modules. The current versions of these electronic
learning modules were developed with version 2.0 of the application, they will be updated soon to match the current version. Make sure you check back for
updates.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
The ECF User Guide is available in the Documentation section. You can also always find this document (PDF) after you have logged in to ECF, by
choosing Help from the Help menu.
The title page of the user guide shows you the date it was last updated. Among other topics, this document has a complete reference list of all the types of
filings you can enter using ECF.
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Electronic Case Filing in the Ninth Circuit February 2009
Forms Section
Slide notes
The Forms section contains several fill-in PDF forms that are available on the site, including some sample certificate forms
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
This is an example of a fill-in form for a Certificate of Service. If you do not have an application that will let you save Court-provided filled-in forms, you may
fill in the form, print it, then scan it into a PDF file and attach it to your filing.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
Let's look at the Notice of Appearance or Re-Assignment of Counsel form.
Note that when you click a link for a PDF in the electronic case filing page, the PDF will open in a new browser window or in a new browser tab,
depending on how your browser is set up.
Use this form to enter your appearance in a case, or to re-assign the case to someone else in your office.
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Electronic Case Filing in the Ninth Circuit February 2009
Additional Information
Slide notes
Lastly, you can see that there is an email address in the Additional Information section. You can send questions to this email address, but we do encourage
you to review the information available at the website and in the documentation before sending us your questions.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
To see the FAQ page, click the General Information link, then click the Frequently Asked Questions link
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
The questions and answers are grouped into four areas: Registration, Filing and Service, Briefs, and Technical Questions
The Registration questions and answers cover topics such as "how do I register."
The Filing and service questions and answers cover topics such as a description of a notice of docket activity, why you may not be able to access the
service list for a case, and how to get a daily summary of notices.
The Briefs questions and answers cover topics specific to submitting briefs to the Court. Remember that the administrative order includes the rules related
to electronic filing of briefs.
The Technical Questions specifically cover requirements, screen resolution, and any technical issues that you may encounter while entering a filing.
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Electronic Case Filing in the Ninth Circuit February 2009
Navigating to a Question with its Answer and Returning to the top of the Page
Slide notes
Clicking the link for a question takes you to that question and its answer. To return to the top of the page, click the Back to Top link.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
Remember to use the Find function in your browser, shown here in Firefox, to find specific terms in the FAQs
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
You can access the Appellate ECF Filer Registration page from the Court's electronic filing page, by clicking the Appellate ECF Filer Registration link in the
Registration section.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
This is the page where you start the registration process. If you have not registered for another Appellate Court, click the REGISTER link to start the
registration process. Once you have submitted your registration, the Court may take up to 10 working days to process your registration. You must wait for a
confirmation message from the PACER service center before you will be able to log in.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
When you register, please make sure you use the name that you normally use to sign your pleadings. If you do not use your legal name to sign pleadings,
then don't use your legal name when you register because that will cause confusion during the registration process and we may not link your registration to
the correct attorney record in our system.For example, if you sign your pleadings as B. S. Simpson but your legal name is Bart Samuel Simpson, please do
register as B. S. Simpson and not Bart Samuel Simpson.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
If you are already a registered filer in another appellate court, you should click the UPDATE link to add the Ninth Circuit to your list of courts.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
Clicking the UPDATE link takes you to the Appellate Filer Account Update login page. After you log in, you can register for additional appellate courts.
Once you have registered, you can maintain your account through ECF. The account update function lets you update your email address, your phone
numbers and address, and add or change email addresses of staff in your office that should get electronic noticing from the court at the same time that you
do.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
Rule 4 of the administrative order lists the documents that you cannot file electronically.
Hard copies are still required for Excerpts of Record, Acknowledgement of Hearing Notices, and CJA Vouchers.
You must file paper plus a CD for the following: Case Opening Materials , Any motion filed before a case number is assigned, and Sealed Documents and
Motions to Seal.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
For briefs, you electronically submit the brief for review by the Court.
On the same day, you should mail paper copies of the excerpts of record to opposing counsel and the Court.
Within two working days, the Court will review your brief and issue an order. The order will do one of two things:
It will either tell you that the brief is filed and you must send 10 paper copies of the brief, with a certificate that says that the paper copy matches the
electronically-submitted brief. That certificate must be included at the end of each copy of the brief.
The order may also tell you to correct deficiencies in your brief and resubmit the brief electronically.
Note that if you electronically submit your brief timely and you receive an order saying it is deficient, the brief is still considered timely.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
Let's review some more changes for filers
All documents (except those listed in Rule 4) must be filed electronically, this includes Petitions for Panel Rehearing and Petitions for Rehearing En Banc –
no paper copies required.
Electronic filing constitutes service on all registered ECF filers.
Several fill-in forms are available on the website: Notice of Appearance or Re-Assignment, a sample Certificate of Service, a sample Certificate for Brief in
Paper Format, and a CM/ECF Exemption Form.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
Let's discuss some of the problems that filers have encountered since electronic filing became available in the Ninth Circuit
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
Problem description: I cannot get into the system to complete my filing
Most of the time, this is caused by a technical issue ...
See the Technical Questions at the Court's website for additional information
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
Problem description: I am getting a “Not authorized to file” message
You must be counsel of record to electronically file most documents
Check the service list using the Service List option in the Reports menu in ECF; if you are not on the case, file a Notice of Appearance form electronically.
The form is available on the website. If you are showing on the service list, but you are shown as Not Registered, send a note to the CM/ECF help email
with details, such as case number, full name of attorney, and any differences in the spelling of the name. We have found that in some cases, we need to
merge several records because we have several variations of your name in the system.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
Click Reports, then click Service List.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
In the text box, type the case number. Then click the Show Service List button.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
The system shows the service list for the case. If the ECF filing status is not ACTIVE, you must serve the party by US Mail. If you are registered for ECF but
it is not showing that way in the service list, send a note to the CM/ECF help email so we can fix the issue. Note that if a service list does not open up when
you try this, make sure that there are no pop-up blockers at work. If a pop-up blocker is blocking pop-ups from our site, you will only see a blank page when
you try to run the Service List. To run another service list, click the Return to Request Service List Page link.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
Problem description: I need to file in more than one case, or I only want to file in one case instead of all linked cases.
When you need to file a document in more than one case, make sure you click in the box next to the number or numbers in which you want to enter the
filing.
In the Case field, type a case number and press the Tab key. When you press the Tab key, the system shows the linked case or cases in the Case
Selection box at the bottom of the screen.
To enter the filing in both 67-999 AND 66-999, elect the checkbox for 66-999 in the Case Selection box. Since we entered 67-999 in the Case field at the
top of the screen, the filing will go into that case no matter what we select in the Case Selection box at the bottom of the screen.
Then click the Continue button to enter the filing in both 67-999 and 66-999.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
After reading the warning about entering the filing in several cases, select the checkbox next to the word Continue, then click the OK button.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
Notice that at the top of the screen, the system tells you that you are entering the filing in 67-999 and also in 66-999 which is listed as an applied case. In
addition, the Party Filer area shows all the parties for all the cases where you are entering the filing.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
Problem description: The court struck my filing because I scanned the document.
Rule 10 of the administrative order states that the electronic version of the main document must be generated by publishing to PDF from the original word
processing file. Scanning the main document does not comply with this Rule. Certificates of service, attachments, and other documents you did not
generate yourself may be scanned.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
Problem description: I cannot access the document on the docket because it is locked.
Rule 12 of the Administrative Order explains that remote electronic access to documents in Social Security cases and Immigration matters is limited to the
attorneys and parties in the case in order to protect the privacy of the individuals involved in those cases.
To access the document, you must do the following:
1. Log into ECF with your login and password so that PACER can identify you as an active participant in the case.
2. In ECF, choose Reports then PACER Report.
3. Access the locked document from the PACER docket report.
Accessing the docket report through ECF allows PACER to identify you as a participant in the case.
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Electronic Case Filing in the Ninth Circuit February 2009
Slide notes
You can get assistance in several ways:
The website is always available. The Electronic Case Filing page gives you access to the Administrative Order, the FAQs, and electronic learning modules
that guide you through different scenarios.
We strongly recommend that you review the ECF user guide. It has a complete list of all the types of filings and reliefs that you can select and walks you
through a complete filing.
Finally, you can send a note to the CMECF help email, cmecf_ca9help@ca9.uscourts.gov. Several people monitor this email address. If you do decide to
write us, please remember to include the name of the attorney, the case where you are trying to file, and any other information that may help us to help you!
Incoming messages are monitored from 8:30 AM to 5:00 PM Pacific time.
Thank you for reviewing this training video. Remember to Register and start filing electronically!
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