January 1, 2009
Federal Rules of Appellate Procedure
Ninth Circuit Rules
Circuit Advisory Committee Notes
TABLE
OF CONTENTS
TITLE I: Applicability of Rules
(a) Scope
of Rules
(b) Rules
Do Not Affect Jurisdiction. [Abrogated]
(c) Title
9th Cir. R. 1-2: SCOPE OF CIRCUIT RULES
Fed. R. App. P. 2: SUSPENSION
OF RULES
TITLE II: Appeal from a Judgment or Order
of a District Court
Fed. R. App. P. 3: APPEAL
AS OF RIGHT - HOW TAKEN
(a) Filing
the Notice of Appeal
(b) Joint
or Consolidated Appeals
(c) Contents
of the Notice of Appeal
(d) Serving
the Notice of Appeal
(e) Payment
of Fees
9th Cir. R. 3-1: FILING
THE APPEAL
9th Cir. R. 3-2:
REPRESENTATION STATEMENT
9th Cir. R. 3-3:
PRELIMINARY INJUNCTION APPEALS
9th Cir. R. 3-4: CIVIL
APPEALS DOCKETING STATEMENT
9th Cir. R. 3-5:
PROCEDURE FOR RECALCITRANT WITNESS APPEALS
CIRCUIT ADVISORY COMMITTEE NOTE
TO 9th Cir. R. 3-5
9th Cir. R. 3-6:
SUMMARY DISPOSITION OF CIVIL APPEALS
Fed. R. App. P. 3.1: APPEAL
FROM A JUDGMENT OF A MAGISTRATE JUDGE IN A CIVIL CASE [Abrogated
12-1-98 ]
Fed. R. App. P. 4: APPEAL
AS OF RIGHT - WHEN TAKEN
(a)Appeal in a Civil Case
(b) Appeal
in a Criminal Case
(c) Appeal
by an Inmate Confined in an Institution
(d) Mistaken
Filing in the Court of Appeals
9th Cir. R. 4-1: COUNSEL
IN CRIMINAL APPEALS
(a) Continuity
of Representation on Appeal
(b) Application
for Indigent Status on Appeal
(c) Withdrawal
of Counsel After Filing the Notice of Appeal
(d) Motions
for Leave to Proceed Pro Se in Direct Criminal Appeals
(e) Post
Appeal Proceedings
(f) Counsel's
Claim for Fees and Expenses
Fed. R. App. P. 5: APPEAL
BY PERMISSION
(a)Petition for Permission to
Appeal
(b) Contents
of the Petition; Answer or Cross-Petition; Oral Argument
(c) Form
of Papers; Number of Copies
(d) Grant
of Permission; Fees; Cost Bond; Filing the Record
Fed. R. App. P. 5.1: APPEAL
BY LEAVE UNDER 28 U.S.C. § 636(c)(5)
[Abrogated Apr. 24, 1998, eff. Dec. 1, 1998]
9th Cir. R. 5-1: CIVIL
APPEALS DOCKETING STATEMENT IN APPEALS BY PERMISSION UNDER Fed. R. App. P. 5
9th Cir. R. 5-2: NUMBER
OF COPIES
Fed. R. App. P. 6: APPEAL
IN A BANKRUPTCY CASE FROM A FINAL JUDGMENT, ORDER OR DECREE OF A DISTRICT COURT
OR BANKRUPTCY APPELLATE PANEL
(a) Appeal
From a Judgment, Order, or Decree of a District Court Exercising Original
Jurisdiction in a Bankruptcy Case
(b)
Appeal From a Judgment, Order, or Decree of a District Court or
Bankruptcy Appellate Panel Exercising Appellate Jurisdiction in a Bankruptcy
Case
9th Cir. R. 6-1:
APPEALS FROM FINAL DECISIONS OF THE SUPREME COURT OF THE COMMONWEALTH OF THE
(a)
Applicability of Other Rules [Abrogated 1-1-05]
CIRCUIT
ADVISORY COMMITTEE NOTE TO RULE 6-1 [Abrogated 1-1-05]
9th Cir. R. 6-2:
PETITION FOR WRIT OF CERTIORARI TO REVIEW FINAL DECISIONS OF THE SUPREME COURT
OF
(a) Petition
of Writ of Certiorari [Abrogated 1-1-05]
CIRCUIT
ADVISORY COMMITTEE NOTE TO RULE 6-2 (b) and (c) [Abrogated 1-1-05]
Fed. R. App. P. 7: BOND
FOR COSTS ON APPEAL IN A CIVIL CASE
Fed. R. App. P. 8:
STAY OR INJUNCTION PENDING APPEAL
(a)Motion for Stay
(b) Proceeding
Against a Surety
(c) Stay
in a Criminal Case
Fed. R. App. P. 9:
RELEASE IN A CRIMINAL CASE
(a)Release Before Judgment of Conviction
(b) Release
After Judgment of Conviction
(c) Criteria
for Release
9th Cir. R. 9-1: RELEASE IN CRIMINAL CASES
9-1.1 Release
Before Judgment of Conviction
9-1.2 Release
Pending Appeal
Fed. R. App. P. 10: THE
RECORD ON APPEAL
(a) Composition
of the Record on Appeal
(b) The
Transcript of Proceedings
(c)
Statement of the Evidence When the Proceedings Were Not Recorded or When
a Transcript Is Unavailable
(d) Agreed
Statement as the Record on Appeal
(e) Correction
or Modification of the Record
9th Cir. R. 10-1: NOTICE OF FILING OF APPEAL; DOCKET SHEET
9th Cir. R. 10-2: CONTENTS OF THE RECORD
ON APPEAL
9th Cir. R. 10-3: ORDERING THE REPORTER'S
TRANSCRIPT
10-3.1 Civil
Appeals
(a) Appellant’s
Initial Notice
(b) Appellee’s
Response
(c) No
Transcripts Necessary
(d) Ordering
the Transcript
(e) Paying
for the Transcript
(f) Paying
for Additional Portions of the Transcript
10-3.2 Criminal
Appeals
(a) Early
Ordering of the Transcript in Criminal Trials Lasting 10 Days or More
(b) Appellant’s
Initial Notice
(c) Appellee’s
Response
(d) Ordering
the Transcript
(e) Paying
for the Transcript
(f) Paying
for Additional Portions of the Transcript
CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 10-3
Fed.
R. App. P. 11: FORWARDING THE RECORD
(a) Appellant’s
Duty
(b) Duties
of Reporter and District Clerk
(c) Retaining
the Record Temporarily in the District Court for Use in Preparing the Appeal
(d)
[Abrogated.]
(e) Retaining
the Record by Court Order
(f) Retaining
Parts of the Record in the District Court by Stipulation of the Parties
(g) Record
for a Preliminary Motion in the Court of Appeals
9th Cir. R. 11-1: FILING THE REPORTER'S
TRANSCRIPT
11-1.1 Time
for Filing the Reporter's Transcript
11-1.2 Procedure
for Reporter Defaults
CIRCUIT
ADVISORY COMMITTEE NOTE TO RULE 11-1.2
11-1.3 Form
and Content of the Reporter's Transcript
9th Cir. R. 11-2: THE CERTIFICATE OF RECORD
9th Cir. R. 11-3: RETENTION OF THE
TRANSCRIPT AND CLERK'S RECORD IN THE DISTRICT COURT DURING PREPARATION OF THE BRIEFS
9th Cir. R. 11-4: RETENTION OF CLERK'S
RECORD IN THE DISTRICT COURT IN CIVIL CASES WHERE EXCERPTS OF RECORD ARE FILED;
RETENTION OF PHYSICAL EXHIBITS IN THE DISTRICT COURT; TRANSMITTAL OF REPORTER'S
TRANSCRIPT; TRANSMITTAL OF CLERK'S RECORD ON REQUEST
11-4.1 Retention
of Clerk's Record in the District Court
11-4.2 Retention
of Physical Exhibits in the District Court
11-4.3 Transmittal
of Reporter's Transcript
11-4.4 Transmittal
of Clerk's Record Upon Request
9th Cir. R. 11-5: TRANSMITTAL OF THE
CLERK'S RECORD AND REPORTER'S TRANSCRIPT AND EXHIBITS IN ALL OTHER CASES
9th Cir. R. 11-6: PREPARATION OF THE
CLERK'S RECORD FOR TRANSMITTAL; NUMBER OF COPIES
11-6.1 Preparation
of the Clerk's Record for Transmittal
11-6.2 Number
of Copies
Fed.
R. App. P. 12: DOCKETING THE APPEAL; FILING A REPRESENTATION
STATEMENT; FILING THE RECORD
(a) Docketing
the Appeal
(b) Filing
a Representation Statement
(c) Filing
the Record, Partial Record, or Certificate
9th Cir. R. 12-1: NOTICE OF EMERGENCY
MOTIONS IN CAPITAL CASES
9th Cir. R. 12-2: REPRESENTATION
STATEMENT
TITLE III: Review of a Decision of the
Fed. R. App. P. 13: REVIEW
OF A DECISION OF THE TAX COURT
(a) How
Obtained; Time for Filing Notice of Appeal
(b) Notice
of Appeal; How Filed
(c) Contents
of the Notice of Appeal; Service; Effect of Filing and Service
(d) The
Record on Appeal; Forwarding;
9th Cir. R. 13-1: FILING
NOTICE OF APPEAL IN TAX COURT CASES
9th Cir. R. 13-2: EXCERPTS
OF RECORD IN TAX COURT CASES
9th Cir. R.
13-3: TRANSMISSION OF THE RECORD IN TAX COURT CASES
Fed. R. App. P. 14:
APPLICABILITY OF OTHER RULES TO THE REVIEW OF A TAX COURT DECISION
9th Cir. R. 14-1:
APPLICABILITY OF OTHER RULES TO REVIEW OF DECISIONS OF THE TAX COURT
TITLE IV: Review or Enforcement
of an Order of an Administrative
Agency Board, Commission, or Officer
Fed. R. App. P. 15: REVIEW
OR ENFORCEMENT OF AN AGENCY ORDER - HOW OBTAINED; INTERVENTION
(a) Petition
for Review; Joint Petition
(b) Application
or Cross-Application to Enforce an Order; Answer; Default
(c) Service
of the Petition or Application
(d) Intervention
(e) Payment
of Fees
9th Cir. R. 15-1: REVIEW
OR ENFORCEMENT OF AGENCY ORDERS
9th Cir. R. 15-2: CIVIL
APPEALS DOCKETING STATEMENT IN AGENCY CASES
9th Cir. R. 15-3:
PROCEDURES FOR REVIEW UNDER THE PACIFIC NORTHWEST ELECTRIC POWER PLANNING AND
CONSERVATION ACT
15-3.1
Contents of Petition
15-3.2 Service,
Consolidation and Intervention
9th Cir. R. 15-4:
PETITIONS FOR REVIEW OF BOARD OF IMMIGRATION APPEALS DECISIONS
Fed. R. App. P.
15.1: BRIEFS AND ORAL ARGUMENT IN A NATIONAL LABOR
RELATIONS BOARD PROCEEDING
Fed. R. App. P. 16: THE
RECORD ON REVIEW OR ENFORCEMENT
(a) Composition
of the Record
(b) Omissions
From or Misstatements in the Record
Fed. R. App. P. 17: FILING
THE RECORD
(a) Agency
to File; Time for Filing; Notice of Filing
(b)
Filing — What Constitutes
9th Cir. R. 17-1:
EXCERPTS OF RECORD ON REVIEW OR ENFORCEMENT OF AGENCY ORDERS
17-1.1 Purpose
17-1.2 Petitioner’s
Initial Excerpts of Record
17-1.3 Parties
Exempted from Excerpts Requirement
17-1.4 Required
Contents of the Excerpts of Record
17-1.5 Items
Not to Be Included in the Excerpts of Record
17-1.6 Form
of the Excerpts of Record
17-1.7 Respondent's
Supplemental Excerpts of Record
17-1.8 Further
Excerpts of Record
17-1.9 Additional
Copies of the Excerpts of Record
9th Cir. R. 17-2:
SANCTIONS FOR FAILURE TO COMPLY WITH 9th Cir. R. 17-1
Fed. R. App. P. 18: STAY
PENDING REVIEW
(a)Motion for a Stay
(b)
Bond
Fed. R. App. P. 19:
SETTLEMENT OF A JUDGMENT ENFORCING AN AGENCY ORDER IN PART
Fed. R. App. P. 20:
APPLICABILITY OF RULES TO THE REVIEW OR ENFORCEMENT OF AN AGENCY ORDER
9th Cir. R. 20-1:
APPLICABILITY OF OTHER RULES TO REVIEW OF AGENCY DECISIONS
TITLE V: Extraordinary
Writs
Fed. R. App. P. 21: WRITS OF
MANDAMUS AND PROHIBITION, AND OTHER EXTRAORDINARY WRITS
(a) Mandamus
or Prohibition to a Court; Petition, Filing, Service, and Docketing
(b) Denial;
Order Directing Answer; Briefs; Precedence
(c) Other
Extraordinary Writs
(d) Form
of Papers; Number of Copies
9th Cir. R. 21-1:
EXTRAORDINARY WRITS
9th Cir. R. 21-2: EXTRAORDINARY
WRITS FORMAT; NUMBER OF COPIES
9th Cir. R. 21-3:
CERTIFICATE OF INTERESTED PARTIES
9th Cir. R. 21-4:
ANSWERS TO PETITIONS
CIRCUIT ADVISORY COMMITTEE NOTE
TO RULES 21-1 to 21-4
9th Cir. R. 21-5:
PETITION FOR WRIT OF MANDAMUS PURSUANT TO 18 U.S.C. § 3771(d)(3)
CIRCUIT ADVISORY COMMITTEE NOTE
TO RULE 21-5
TITLE VI: Habeas Corpus; Proceedings in
Forma Pauperis
Fed. R. App. P. 22: HABEAS
CORPUS AND SECTION 2255 PROCEEDINGS
(a) Application
for the Original Writ
(b) Certificate
of Appealability
9th Cir. R. 22-1:
CERTIFICATE OF APPEALABILITY (COA)
(a)
General Procedures
(b)
District Court Records
(c)
Grant in Part or in Full by District Court
(d)
Denial in Full by District Court
(e)
Briefing Uncertified Issues
(f)
Response to Uncertified Issues
CIRCUIT ADVISORY COMMITTEE NOTE
TO 9th Cir. R. 22-1
9th Cir. R. 22-2: DIRECT
CRIMINAL APPEALS, FIRST PETITIONS, AND STAYS OF EXECUTION: CAPITAL CASES
(a)
Assignment
(b)
Related Civil Proceedings
(c)
Duties
(d)
The
(e)
Stays of Execution
9th Cir. R. 22-3:
APPLICATIONS FOR LEAVE TO FILE SECOND OR SUCCESSIVE 2254 PETITION OR 2255
MOTION - ALL CASES; STAY OF EXECUTION - CAPITAL CASES
(a)
Applications
(b)
Excerpts of Record
(c)
Service
(d)
Response
(e)
Decision
(f)
Stays of Execution
9th Cir. R. 22-4:
APPEALS FROM AUTHORIZED SECOND OR SUCCESSIVE 2254 PETITIONS OR 2255 MOTIONS
(a)
Necessary Documents
(b)
En Banc Review; Notification In Capital Cases
(c)
Stays of Execution
CIRCUIT
ADVISORY COMMITTEE NOTE TO 9th Cir. R. 22-4
9th Cir. R. 22-5: SUBSEQUENT
PETITIONS OR MOTIONS; RELATED CIVIL PROCEEDINGS
(a)
Definitions
(b)
Records of Other Proceedings
(c)
Stays of Execution and Certificates of Probable Cause
(d)
Motions for Stays of Execution - Procedures
(e)
En Banc Procedures Regarding Certificates of Probable Cause and Stays of
Execution
9th Cir. R. 22-6: RULES APPLICABLE TO ALL
DEATH PENALTY CASES
(a)
Notice of Emergency Motions
(b)
[abrogated, see 9th Cir. R. 32-4 (1/1/99)]
(c)
Excerpts of Record
(d)
Retention of Record
Fed. R. App. P. 23:
CUSTODY OR RELEASE OF A PRISONER IN A HABEAS CORPUS PROCEEDING
(a) Transfer
of Custody Pending Review
(b) Detention
or Release Pending Review of Decision Not to Release
(c) Release
Pending Review of Decision Ordering Release
(d) Modification
of the Initial Order on Custody
9th Cir. R. 23-1:
CUSTODY OF FEDERAL PRISONERS PENDING APPEALS IN PROCEEDINGS TO VACATE SENTENCE
Fed. R. App. P. 24:
PROCEEDINGS IN FORMA PAUPERIS
(a) Leave
to Proceed in Forma Pauperis
(b)
Leave to Proceed in Forma Pauperis on Appeal or Review of an
Administrative-Agency Proceeding
(c) Leave
to Use Original Record
9th Cir. R. 24-1:
EXCERPTS OF RECORD WAIVER [Abrogated 1-1-05]
TITLE VII: General Provisions
Fed. R. App. P. 25: FILING
AND SERVICE
(a) Filing
(b) Service
of All Papers Required
(c) Manner
of Service
(d) Proof
of Service
(e) Number
of Copies
9th Cir. R. 25-1:
PRINCIPAL OFFICE OF CLERK
9th Cir. R. 25-2:
COMMUNICATIONS TO THE COURT
CIRCUIT
ADVISORY COMMITTEE NOTE TO RULE 25-2
9th Cir. R. 25-3: FACSIMILE FILING
25-3.1
Direct Filing
25-3.2
Third Party Filing
25-3.3
Electronic Service
9th Cir. R. 25-4:
CALENDARED CASE
Fed. R. App. P. 26: COMPUTING
AND EXTENDING TIME
(a) Computing
Time
(b) Extending
Time
(c) Additional
Time after Service
9th Cir. R. 26-1: FILING
DEADLINES FOR THE DISTRICTS OF GUAM AND THE
Fed. R. App. P. 26.1:
CORPORATE DISCLOSURE STATEMENT
(a) Who
Must File
(b) Time
for Filing; Supplemental Filing
(c) Number
of Copies
Fed. R. App. P. 27:
MOTIONS
(a) In
General
(b) Disposition
of a Motion for a Procedural Order
(c) Power
of a Single Judge to Entertain a Motion
(d) Form
of Papers; Page Limits; and Number of Copies
(e) Oral
Argument
9th Cir. R. 27-1: FILING
OF MOTIONS
(1)
Form of Motions
(2)
Position of Opposing Counsel
CIRCUIT ADVISORY COMMITTEE NOTE
TO RULE 27-1
(1)Motions Acted on by the
Appellate Commissioner
(2) Motions
Acted on by a Single Judge
(3) Motions
Acted on by Motions Panels
(a) Motions
Heard by the Motions Panels
(b) Selection
of Motions Panels
(c) Procedures
for Disposition of Motions by the Motions Panel
(d) Motions
for Bail
(4) Motions
for Clarification, Reconsideration or Rehearing
(5)
Position of Opposing Counsel
(6)
Request to Amend the Briefing Schedule
9th Cir. R. 27-2:
MOTIONS FOR STAYS PENDING APPEAL
9th Cir. R. 27-3: EMERGENCY
AND URGENT MOTIONS
(a) Emergency
Motions
(b) Urgent
Motions
CIRCUIT ADVISORY COMMITTEE NOTE
TO RULE 27-3
(1) Procedures
for Motions
(2) Emergency
Telephone Number
9th Cir. R. 27-4:
EMERGENCY CRIMINAL INTERLOCUTORY APPEALS
9th Cir. R. 27-5:
EMERGENCY MOTIONS FOR STAY OF EXECUTION OF SENTENCE OF DEATH [Abrogated]
9th Cir. R. 27-6: NO
ORAL ARGUMENT UNLESS OTHERWISE ORDERED [Abrogated 1/99]
9th Cir. R. 27-7:
DELEGATION OF AUTHORITY TO ACT ON MOTIONS
CIRCUIT ADVISORY COMMITTEE NOTE
TO RULE 27-7
(a) Procedural
Motions
9th Cir. R. 27-8:
REQUIRED RECITALS IN CRIMINAL AND IMMIGRATION CASES
27-8.1 Criminal
Cases
27-8.2 Immigration
Petitions
9th Cir. R. 27-9:
MOTIONS TO DISMISS CRIMINAL APPEALS
27-9.1 Voluntary
Dismissals
27-9.2 Involuntary
Dismissals
9th Cir. R. 27-10: MOTIONS
FOR RECONSIDERATION
(a) Filing
for Reconsideration
(b) Court
Processing
CIRCUIT ADVISORY
COMMITTEE NOTE TO RULE 27-10
9th Cir. R. 27-11:
MOTIONS; EFFECT ON SCHEDULE
9th Cir. R. 27-12:
MOTIONS TO EXPEDITE
9th Cir. R. 27-13:
MOTIONS TO SEAL
(a)
Filing Under Seal
(b)
Motions to Seal
(c)
Motions to Unseal
CIRCUIT ADVISORY
COMMITTEE NOTE TO RULE 27-13
Fed. R. App. P. 28: BRIEFS
(a) Appellant’s
Brief
(b) Appellee’s
Brief
(c) Reply
Brief
(d) References
to Parties
(e) References
to the Record
(f) Reproduction
of Statutes, Rules, Regulations, etc.
(g) [Reserved]
(h) [Reserved,
eff. 12-1-05]
(i) Briefs
in a Case Involving Multiple Appellants
or
Appellees
(j) Citation
of Supplemental Authorities
9th Cir. R. 28-1:
BRIEFS, APPLICABLE RULES
CIRCUIT
ADVISORY COMMITTEE NOTE TO RULE 28-1 [Abrogated 7-1-06]
Fed. R. App. P. 28-1:
CROSS-APPEALS
(a) Applicability
(b) Designation
of Appellant
(c) Briefs
(d) Cover
(e) Length
(f)
Time to Serve and File a Brief
9th Cir. R. 28-2:
CONTENTS OF BRIEFS
28-2.1
Certificate as to Interested Parties [Abrogated 7/1/90]
28-2.2
Statement of Jurisdiction
28-2.3
Attorneys Fees [Abrogated 7/1/97]
28-2.4
Bail / Detention Status
28-2.5
Reviewability and Standard of Review
28-2.6
Statement of Related Cases
28-2.7 Addendum
to Briefs
28-2.8 Record
References
28-2.9 Bankruptcy
Appeals
CIRCUIT ADVISORY COMMITTEE NOTE
TO RULE 28-2
9th Cir. R. 28-3: LENGTH
OF BRIEFS; MOTIONS TO EXCEED PAGE LIMITS [Abrogated 1/96]
9th Cir. R. 28-4:
EXTENSIONS OF TIME AND ENLARGEMENTS OF SIZE FOR CONSOLIDATED AND JOINT BRIEFING
Notice
Procedure
Motion
Procedure
CIRCUIT ADVISORY COMMITTEE NOTE
TO RULE 28-4
9th Cir. R. 28-5:
MULTIPLE REPLY BRIEFS
9th Cir. R. 28-6:
CITATION OF SUPPLEMENTAL AUTHORITIES
CIRCUIT ADVISORY COMMITTEE NOTE
TO RULE 28-6
Fed. R. App. P. 29: BRIEF
OF AN AMICUS CURIAE
(a) When
Permitted
(b) Motion
for Leave to File
(c) Contents
and Form
(d) Length
(e) Time
for Filing
(f) Reply
Brief
(g) Oral
Argument
9th Cir. R. 29-1: REPLY
BRIEF OF AN AMICUS CURIAE
CIRCUIT ADVISORY COMMITTEE NOTE
TO RULE 29-1
9th Cir. R. 29-2: BRIEF AMICUS
CURIAE SUBMITTED TO SUPPORT OR OPPOSE A PETITION FOR PANEL OR EN BANC REHEARING
OR DURING THE PENDENCY OF REHEARING
(a) When
Permitted
(b) Motion
for Leave to File
(c) Format/Length
(d) Number
of Copies
(e) Time
for Filing
(f) Circulation
CIRCUIT ADVISORY COMMITTEE NOTE
TO RULE 29-2
Fed. R. App. P. 30:
APPENDIX TO THE BRIEFS
(a)Appellant’s Responsibility
(b) All
Parties’ Responsibilities
(c) Deferred
Appendix
(d) Format
of the Appendix
(e) Reproduction
of Exhibits
(f) Appeal
on the Original Record Without an Appendix
9th Cir. R. 30-1: THE
EXCERPTS OF RECORD
30-1.1 Purpose
30-1.2 Unrepresented
Litigants
30-1.3 Appellant’s
Initial Excerpts of Record
30-1.4 Required
Contents of the Excerpts of Record
30-1.5 Items
Not to Be Included in the Excerpts of Record
30-1.6 Format
of Excerpts of Record
(a) Excerpts
of Record That Exceed 75 Pages
(b) Excerpts
of Record That Do Not Exceed 75 Pages
CIRCUIT ADVISORY
COMMITTEE NOTE TO RULE 30-1.6
30-1.7 Appellee's
Supplemental Excerpts of Record
30-1.8 Further
Excerpts of Record
30-1.9 Additional
Copies of the Excerpts of Record
30-1.10
Presentence Reports
9th Cir. R. 30-2:
SANCTIONS FOR FAILURE TO COMPLY WITH 9th Cir. R. 30-1
9th Cir. R. 30-3:
PRISONER APPEALS WITHOUT REPRESENTATION BY COUNSEL
Fed. R. App. P. 31:
SERVING AND FILING BRIEFS
(a)Time to Serve and File a Brief
(b) Number
of Copies
(c) Consequence
of Failure to File
9th Cir. R. 31-1: NUMBER
OF BRIEFS
9th Cir. R. 31-2: TIME
FOR SERVICE AND FILING
31-2.1 Requirement
of Timely Filing
31-2.2 Extensions
of Time for Filing Briefs
CIRCUIT ADVISORY
COMMITTEE NOTE TO RULE 31-2.2
31-2.3 Failure to File Briefs
Fed. R. App. P. 32: FORM
OF BRIEFS, APPENDICES, AND OTHER PAPERS
(a) Form
of a Brief
(b) Form
of an Appendix
(c) Form
of Other Papers
(d) Signature
(e) Local
Variation
9th Cir. R. 32: FORM
OF BRIEF [Abrogated 1/1/99]
9th Cir. R. 32-1: FORM
OF BRIEFS: CERTIFICATE OF COMPLIANCE
9th Cir. R. 32-2:
MOTIONS TO EXCEED THE PAGE OR TYPE-VOLUME LIMITATION
CIRCUIT ADVISORY COMMITTEE NOTE
TO RULE 32-2
9th Cir. R. 32-3: BRIEFS
FILED PURSUANT TO COURT ORDER
9th Cir. R. 32-4: BRIEFS
AND EXCERPTS OF RECORD IN CAPITAL CASES
Briefs
Excerpts
9th Cir. R. 32-5:
UNREPRESENTED LITIGANTS
Fed. R. App. P. 32-1: CITING
JUDICIAL DISPOSITION
(a) Citation
Permitted
(b) Copies
Required
Fed. R. App. P. 33: APPEAL
CONFERENCES
9th Cir. R. 33-1: SETTLEMENT PROGRAM --
APPEAL CONFERENCES
CIRCUIT ADVISORY COMMITTEE NOTE
TO RULE 33-1
(a)
Appeal Settlement Conferences
(b)
Appeal Case Management Conference
(c)
Binding Determinations by Appellate Commissioner
Fed. R. App. P. 34: ORAL
ARGUMENT
(a)In General
(b) Notice
of Argument; Postponement
(c) Order
and Contents of Argument
(d) Cross-Appeals
and Separate Appeals
(e) Nonappearance
of a Party
(f) Submission
on Briefs
(g) Use
of Physical Exhibits at Argument; Removal
9th Cir. R. 34-1: PLACE
OF HEARING
9th Cir. R. 34-2: CHANGE
OF TIME OR PLACE OF HEARING
9th Cir. R. 34-3:
PRIORITY CASES
9th Cir. R. 34-4: CLASSES OF CASES TO BE
SUBMITTED WITHOUT ORAL ARGUMENT [Abrogated 1/1/99]
CIRCUIT ADVISORY COMMITTEE NOTE
TO RULES 34-1 TO 34-3
(1) Appeals
Raising the Same Issues
(2) Oral
Argument
(3) Disposition
(4) Mandate
Fed. R. App. P. 35: EN
BANC DETERMINATION
(a) When
Hearing or Rehearing En Banc May Be Ordered
(b) Petition
for Hearing or Rehearing En Banc
(c) Time
for Petition for Hearing or Rehearing En Banc
(d) Number
of Copies
(e) Response
(f) Call
for a Vote
9th Cir. R. 35-1:
PETITION FOR REHEARING EN BANC
9th Cir. R. 35-2:
9th Cir. R. 35-3:
CIRCUIT ADVISORY COMMITTEE NOTE
TO RULES 35-1 TO 35-3
(1) Calculation
of Filing Deadline
(2)
Petition for Rehearing for En Banc
(3) Grant
of Rehearing En Banc
9th Cir. R. 35-4:
FORMAT; NUMBER OF COPIES
(a) Format/Length
of Petition and Answer
(b) Number
of Copies
Fed. R. App. P. 36: ENTRY
OF JUDGMENT; NOTICE
(a) Entry
(b) Notice
9th Cir. R. 36-1:
OPINIONS, MEMORANDA, ORDERS; PUBLICATION
9th Cir. R. 36-2:
CRITERIA FOR PUBLICATION
9th Cir. R. 36-3:
CITATION OF UNPUBLISHED DISPOSITIONS OR ORDERS
(a) Not
Precedent
(b) Citation
of Unpublished Dispositions and Orders Issued on or after
January
1, 2007
(c) Citation
of Unpublished Dispositions and Orders Issued before January 1, 2007
9th Cir. R. 36-4:
REQUEST FOR PUBLICATION
9th Cir. R. 36-5: ORDERS
FOR PUBLICATION
9th Cir. R. 36-6: PERIODIC
NOTICE TO PUBLISHING COMPANIES
CIRCUIT ADVISORY COMMITTEE NOTE
TO RULES 36-1 TO 36-6
Fed. R. App. P. 37: INTEREST
ON JUDGMENT
(a) When
the Court Affirms
(b) When
the Court Reverses
Fed. R. App. P. 38:
FRIVOLOUS APPEAL – DAMAGES AND COSTS
Fed. R. App. P. 39: COSTS
(a) Against
Whom Assessed
(b) Costs
For and Against the
(c) Costs
of Copies
(d) Bill
of Costs: Objections; Insertion in Mandate
(e) Costs
on Appeal Taxable in the District Court
9th Cir. R. 39-1: COSTS
AND ATTORNEYS FEES ON APPEAL
39-1.1
Bill of Costs
39-1.2 Number
of Briefs and Excerpts
39-1.3 Cost
of Reproduction
39-1.4 Untimely
Filing
39-1.5 Objection
to Bill of Costs
39-1.6 Request
for Attorneys Fees
(a) Time
Limits
(b) Contents
CIRCUIT ADVISORY
COMMITTEE NOTE TO RULE 39-1.6
Calculation
of Filing Deadline
Equal
Access to Justice Act Applications
39-1.7 Opposition
to Request for Attorneys Fees
39-1.8 Request
for Transfer
39-1.9 Referral
to Appellate Commissioner
9th Cir. R. 39-2:
ATTORNEYS FEES AND EXPENSES UNDER THE EQUAL ACCESS TO JUSTICE ACT [Abrogated
7-1-07]
39-2.1 Applications
for Fees [Abrogated 7-1-07]
39-2.2 Petitions
by Permission [Abrogated 1/96]
Fed. R. App. P. 40: PETITION
FOR PANEL REHEARING
(a) Time
to File; Contents; Answer; Action by the Court if Granted
(b) Form
of Petition; Length
9th Cir. R. 40-1:
FORMAT; NUMBER OF COPIES
(a) Format/Length
of Petition and Answer
(b) Number
of Copies
(c) Copy
of Panel Decision
CIRCUIT
ADVISORY COMMITTEE NOTE TO RULE 40-1
9th Cir. R. 40-2: PUBLICATION OF
PREVIOUSLY UNPUBLISHED DISPOSITION
Fed. R. App. P. 41:
MANDATE: CONTENTS; ISSUANCE AND EFFECTIVE DATE; STAY
(a) Contents
(b) When
Issued
(c) Effective
Date
(d) Staying
the Mandate
9th Cir. R. 41-1: STAY
OF MANDATE
CIRCUIT ADVISORY COMMITTEE NOTE
TO RULE 41-1
9th Cir. R. 41-2: TIMING
OF MANDATE
Fed. R. App. P. 42:
VOLUNTARY DISMISSAL
(a) Dismissal
in the District Court
(b) Dismissal
in the Court of Appeals
9th Cir. R. 42-1:
DISMISSAL FOR FAILURE TO PROSECUTE
9th Cir. R. 42-2:
TERMINATION OF BAIL FOLLOWING DISMISSAL
Fed. R. App. P. 43:
SUBSTITUTION OF PARTIES
(a)Death of a Party
(b) Substitution
for a Reason Other Than Death
(c) Public
Officer: Identification; Substitution
Fed. R. App. P. 44: CASES
INVOLVING A CONSTITUTIONAL QUESTION WHEN THE UNITED STATES OR THE RELEVANT
STATE IS NOT A PARTY
(a) Constitutional
Challenge to Federal Statute
(b) Constitutional
Challenge to State Statute
Fed. R. App. P. 45:
CLERK’S DUTIES
(a)General Provisions
(b) Records
(c) Notice
of an Order or Judgment
(d) Custody
of Records and Papers
Fed. R. App. P. 46:
ATTORNEYS
(a) Admission
to the Bar
(b) Suspension
or Disbarment
(c) Discipline
9th Cir. R. 46-1:
ATTORNEYS
46-1.1 Forms
for Written Motions
46-1.2 Time
for Application
9th Cir. R. 46-2:
ATTORNEY SUSPENSION, DISBARMENT OR OTHER DISCIPLINE
(a) Conduct
Subject to Discipline
(b) Initiation
of Disciplinary Proceedings Based on Conduct Before This Court
(c) Reciprocal
Discipline
(d) Response
(e) Hearings
on Disciplinary Charges
(f) Report
and Recommendation
(g) Final
Disciplinary Action
(h) Reinstatement
(i) Monetary
Sanctions
CIRCUIT ADVISORY COMMITTEE NOTE
TO RULE 46-2
9th Cir. R. 46-3: CHANGE
OF ADDRESS
9th Cir. R. 46-4:
PARTICIPATION OF LAW STUDENTS
9th Cir. R. 46-5:
RESTRICTIONS ON PRACTICE BY
Fed. R. App. P. 47: LOCAL
RULES BY COURTS OF APPEALS
(a)Local Rules
(b) Procedure
When There Is No Controlling Law
9th Cir. R. 47-1:
EFFECTIVE DATE OF RULES
CIRCUIT ADVISORY COMMITTEE NOTE
TO RULE 47-1
9th Cir. R. 47-2:
ADVISORY COMMITTEE ON RULES
(a) Function
(b) Membership
(c) Meetings
Fed. R. App. P. 48:
MASTERS
(a) Appointment;
Powers
(b) Compensation