Table of Contents

Preamble

Judges of the United States Court of Appeals for the Ninth Circuit

Foreword

Court Structure and Procedures

TITLE I. Applicability of Rules

FRAP 1. Scope of Rules; Definition; Title

Circuit Rule 1-1. Title

Circuit Rule 1-2. Scope of Circuit Rules

FRAP 2. Suspension of Rules

TITLE II. Appeal from a Judgment or Order of a District Court

FRAP 3. Appeal as of Right—How Taken

Circuit Rule 3-1. Filing the Appeal

Circuit Rule 3-2. Representation Statement

Circuit Advisory Committee Note to Rule 3-2

Circuit Rule 3-3. Preliminary Injunction Appeals

Circuit Rule 3-4. Mediation Questionnaire

Circuit Rule 3-5. Procedure for Recalcitrant Witness Appeals

Circuit Advisory Committee Note to Rule 3-5

Circuit Rule 3-6. Summary Disposition of Civil Appeals

FRAP 3.1. Appeal from a Judgment of a Magistrate Judge in a Civil Case

FRAP 4. Appeal as of Right—When Taken

Circuit Rule 4-1. Counsel in Criminal Appeals

FRAP 5. Appeal by Permission

Circuit Rule 5-1. Civil Appeals Docketing Statement in Appeals by Permission Under FRAP 5

Circuit Rule 5-2. Number of Copies and Length

FRAP 5.1. Appeal by Leave under 28 U.S.C. § 636(c)(5)

FRAP 6. Appeal in a Bankruptcy Case

Circuit Rule 6-1. Appeals from Final Decisions of the Supreme Court of the Commonwealth of the Northern Mariana Islands

Circuit Advisory Committee Note to Rule 6-1

Circuit Rule 6-2. Petition for Writ of Certiorari to Review Final Decisions of the Supreme Court of Guam

Circuit Advisory Committee Note to Rule 6-2(b) and (c)

FRAP 7. Bond for Costs on Appeal in a Civil Case

FRAP 8. Stay or Injunction Pending Appeal

FRAP 9. Release in a Criminal Case

Circuit Rule 9-1. Release in Criminal Cases

FRAP 10. The Record on Appeal

Circuit Rule 10-1. Notice of Filing Appeal

Circuit Rule 10-2. Contents of the Record on Appeal

Circuit Rule 10-3. Ordering the Reporter’s Transcript

Circuit Advisory Committee Note to Rule 10-3

FRAP 11. Forwarding the Record

Circuit Rule 11-1. Filing the Reporter’s Transcript

Circuit Advisory Committee Note to Rule 11-1.2

Circuit Rule 11-2. The Certificate of Record

Circuit Rule 11-3. Retention of the Transcript and Clerk’s Record in the District Court During Preparation of the Briefs

Circuit Rule 11-4. Retention of Physical Exhibits in the District Court, Transmittal of Clerk’s Record on Request

Circuit Rule 11-5. Transmittal of the Clerk’s Record and Reporter’s Transcript and Exhibits in all Other Cases

Circuit Rule 11-6. Preparation of the Clerk’s Record for Transmittal

FRAP 12. Docketing the Appeal; Filing a Representation Statement; Filing the Record

FRAP 12.1. Remand After an Indicative Ruling by the District Court on a Motion for Relief That Is Barred by a Pending Appeal

Circuit Rule 12-1. Notice of Emergency Motions in Capital Cases

Circuit Rule 12-2. Representation Statement

TITLE III. Appeals from the United States Tax Court

FRAP 13. Appeals from the Tax Court

Circuit Rule 13-1. Filing Notice of Appeal in Tax Court Cases

Circuit Rule 13-2. Excerpts of Record in Tax Court Cases

Circuit Rule 13-3. Transmission of the Record in Tax Court Cases

FRAP 14. Applicability of Other Rules to Appeals from the Tax Court

Circuit Rule 14-1. Applicability of Other Rules to Review Decisions of the Tax Court

TITLE IV. Review of Enforcement of an Order of an Administrative Agency, Board, Commission, or Officer

FRAP 15. Review or Enforcement of an Agency Order—How Obtained; Intervention

Circuit Rule 15-1. Review or Enforcement of Agency Orders

Circuit Rule 15-2. Mediation Questionnaire in Agency Cases

Circuit Advisory Committee Note to Rule 15-2

Circuit Rule 15-3. Procedures for Review Under the Pacific Northwest Electric Power Planning and Conservation Act

Circuit Advisory Committee Note to Rule 15-3

Circuit Rule 15-4. Petitions for Review of Board of Immigration Appeals Decisions

FRAP 15.1. Briefs and Oral Argument in a National Labor Relations Board Proceeding

FRAP 16. The Record on Review or Enforcement

FRAP 17. Filing the Record

Circuit Rule 17-1. Excerpts of Record on Review or Enforcement of Agency Orders

Circuit Rule 17-2. Sanctions for Failure to Comply with Circuit Rule 17-1

FRAP 18. Stay Pending Review

FRAP 19. Settlement of a Judgment Enforcing an Agency Order in Part

FRAP 20. Applicability of Rules to the Review or Enforcement of an Agency Order

Circuit Rule 20-1. Applicability of Other Rules to Review of Agency Decisions

TITLE V. Extraordinary Writs

FRAP 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs

Circuit Rule 21-1. Extraordinary Writs

Circuit Rule 21-2. Format of Extraordinary Writs and Answers; Number of Copies; Length

Circuit Rule 21-3. Certificate of Interested Parties

Circuit Rule 21-4. Answers to Petitions

Circuit Advisory Committee Note to Rules 21-1 to 21-4

Circuit Rule 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

FRAP 22. Habeas Corpus and Section 2255 Proceedings

Circuit Rule 22-1. Certificate of Appealability (COA)

Circuit Advisory Committee Note to Rule 22-1

Circuit Rule 22-2. Direct Criminal Appeals, First Petitions, and Stays of Execution: Capital Cases

Circuit Rule 22-3. Applications for Authorization to File Second or Successive 28 U.S.C. § 2254 Petition or § 2255 Motion - All Cases; Stay of Execution - Capital Cases

Circuit Advisory Committee Note to Rule 22-3

Circuit Rule 22-4. Appeals from Authorized Second or Successive 2254 Petitions or 2255 Motions in Capital Cases

Circuit Advisory Committee Note to Rule 22-4

Circuit Rule 22-5. Subsequent Petitions or Motions; Related Civil Proceedings

Circuit Rule 22-6. Rules Applicable to all Death Penalty Cases

FRAP 23. Custody or Release of a Prisoner in a Habeas Corpus Proceeding

Circuit Rule 23-1. Custody of Federal Prisoners Pending Appeals in Proceedings to Vacate Sentence

FRAP 24. Proceeding in Forma Pauperis

Circuit Rule 24-1. Excerpts of Record Waiver

TITLE VII. General Provisions

FRAP 25. Filing and Service

Circuit Rule 25-1. Principal Office of Clerk

Circuit Rule 25-2. Communications to the Court

Circuit Advisory Committee Note to Rule 25-2

Circuit Rule 25-3. Facsimile and E-Mail Filing

Circuit Rule 25-4. Calendared Cases

Circuit Rule 25-5. Electronic Filing

Circuit Advisory Committee Note to Rule 25-5

FRAP 26. Computing and Extending Time

Circuit Rule 26-1. Filing Deadlines for the Districts of Guam and the Northern Mariana Islands

Circuit Rule 26-2. Three Day Service Allowance

FRAP 26.1. Disclosure Statement

FRAP 27. Motions

Circuit Rule 27-1. Filing of Motions

Circuit Advisory Committee Note to Rule 27-1

Circuit Rule 27-2. Motions for Stays Pending Appeal

Circuit Rule 27-3. Emergency Motions

Circuit Advisory Committee Note to Rule 27-3

Circuit Rule 27-4. Emergency Criminal Interlocutory Appeals

Circuit Rule 27-5. Emergency Motions for Stay of Execution of Sentence of Death

Circuit Rule 27-6. No Oral Argument Unless Otherwise Ordered

Circuit Rule 27-7. Delegation of Authority to Act on Motions

Circuit Advisory Committee Note to Rule 27-7

Circuit Rule 27-8. Required Recitals in Criminal and Immigration Cases

Circuit Rule 27-9. Motions to Dismiss Criminal Appeals

Circuit Rule 27-10. Motions for Reconsideration

Circuit Advisory Committee Note to Rule 27-10

Circuit Rule 27-11. Motions; Effect on Schedule

Circuit Rule 27-12. Motions to Expedite

Circuit Rule 27-13. Sealed Documents

Circuit Advisory Committee Note to Rule 27-13

Circuit Rule 27-14. Motions to Transmit Physical and Documentary Exhibits

Circuit Advisory Committee Note to Rule 27-14

FRAP 28. Briefs

Circuit Rule 28-1. Briefs, Applicable Rules

Circuit Advisory Committee Note to Rule 28-1

Circuit Rule 28-2. Contents of Briefs

Circuit Advisory Committee Note to Rule 28-2.6

Circuit Advisory Committee Note to Rule 28-2.7

Circuit Advisory Committee Note to Rule 28-2.8

Circuit Rule 28-3. Length of Briefs; Motions to Exceed Page Limits

Circuit Rule 28-4. Extensions of Time and Enlargements of Size for Consolidated and Joint Briefing

Circuit Rule 28-5. Multiple Briefs

Circuit Rule 28-6. Citation of Supplemental Authorities

Circuit Advisory Committee Note to Rule 28-6

FRAP 28.1. Cross-Appeals

Circuit Rule 28.1-1. Sequence, Content, Form, and Length of Cross-Appeal Briefs; Certificate of Compliance

FRAP 29. Brief of an Amicus Curiae

Circuit Rule 29-1. Reply Brief of an Amicus Curiae

Circuit Advisory Committee Note to Rule 29-1

Circuit Rule 29-2. Brief Amicus Curiae Submitted to Support or Oppose a Petition for Panel or En Banc Rehearing or During the Pendency of Rehearing

Circuit Advisory Committee Note to Rule 29-2

Circuit Rule 29-3. Motions for Leave to File Amicus Curiae Briefs

Circuit Advisory Committee Note to Rule 29-3

FRAP 30. Appendix to the Briefs

Circuit Rule 30-1. The Excerpts of Record

Circuit Rule 30-2. Sanctions for Failure to Comply with Circuit Rule 30-1

Circuit Rule 30-3. Prisoner Appeals Without Representation by Counsel

FRAP 31. Serving and Filing Briefs

Circuit Rule 31-1. Number of Briefs

Circuit Rule 31-2. Time for Service and Filing

Circuit Advisory Committee Note to Rule 31-2.2

FRAP 32. Form of Briefs, Appendices, and Other Papers

Circuit Rule 32. Form of Brief

Circuit Rule 32-1. Length and Form of Briefs, Certificate of Compliance

Circuit Rule 32-2. Requests to Exceed the Page or Type-Volume Limits

Circuit Advisory Committee Note to Rule 32-2

Circuit Rule 32-3. Page/Word Count Conversion Formula for Briefs and Other Documents

Circuit Rule 32-4. Briefs and Excerpts of Record in Capital Cases

Circuit Rule 32-5. Unrepresented Litigants

FRAP 32.1. Citing Judicial Dispositions

FRAP 33. Appeal Conferences

Circuit Rule 33-1. Circuit Mediation Office

Circuit Advisory Committee Note to Rule 33-1

FRAP 34. Oral Argument

Circuit Rule 34-1. Place of Hearing

Circuit Rule 34-2. Change of Time or Place of Hearing

Circuit Rule 34-3. Priority Cases

Circuit Rule 34-4. Classes of Cases to be Submitted Without Oral Argument

Circuit Advisory Committee Note to Rules 34-1 to 34-3

FRAP 35. En Banc Determination

Circuit Rule 35-1. Petition for Rehearing En Banc

Circuit Rule 35-2. Opportunity to Respond

Circuit Rule 35-3. Limited En Banc Court

Circuit Advisory Committee Note to Rules 35-1 to 35-3

Circuit Rule 35-4. Format; Number of Copies

FRAP 36. Entry of Judgment; Notice

Circuit Rule 36-1. Opinions, Memoranda, Orders; Publication

Circuit Rule 36-2. Criteria for Publication

Circuit Rule 36-3. Citation of Unpublished Dispositions or Orders

Circuit Rule 36-4. Request for Publication

Circuit Rule 36-5. Orders for Publication

Circuit Rule 36-6. Periodic Notice to Publishing Companies

Circuit Advisory Committee Note to Rules 36-1 to 36-5

FRAP 37. Interest on Judgment

FRAP 38. Frivolous Appeal—Damages and Costs

FRAP 39. Costs

Circuit Rule 39-1. Costs and Attorneys Fees on Appeal

Circuit Advisory Committee Note to Rule 39-1.6

Circuit Rule 39-2. Attorneys Fees and Expenses Under the Equal Access to Justice Act

FRAP 40. Petition for Panel Rehearing

Circuit Rule 40-1. Format; Number of Copies

Circuit Advisory Committee Note to Rule 40-1

Circuit Rule 40-2. Publication of Previously Unpublished Disposition

FRAP 41. Mandate: Contents; Issuance and Effective Date; Stay

Circuit Rule 41-1. Stay of Mandate

Circuit Advisory Committee Note to Rule 41-1

Circuit Rule 41-2. Timing of Mandate

FRAP 42. Voluntary Dismissal

Circuit Rule 42-1. Dismissal for Failure to Prosecute

Circuit Rule 42-2. Termination of Bail Following Dismissal

FRAP 43. Substitution of Parties

FRAP 44. Cases Involving a Constitutional Question When the United States or the Relevant State is not a Party

FRAP 45. Clerk’s Duties

FRAP 46. Attorneys

Circuit Rule 46-1. Attorneys

Circuit Rule 46-2. Attorney Suspension, Disbarment or Other Discipline

Circuit Advisory Committee Note to Rule 46-2

Circuit Rule 46-3. Change of Address

Circuit Rule 46-4. Participation of Law Students

Circuit Rule 46-5. Restrictions on Practice by Former Court Employees

Circuit Advisory Committee Note to Rule 46-5

FRAP 47. Local Rules by Courts of Appeals

Circuit Rule 47-1. Effective Date of Rules

Circuit Advisory Committee Note to Rule 47-1

Circuit Rule 47-2. Advisory Committee on Rules

FRAP 48. Masters