U.S. Court of Appeals for the Ninth Circuit
FRAP Rules, Ninth Circuit Rules, Circuit Advisory Committee Notes
1 June 2017


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 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
FRAP 5.1. Appeal by Leave under 28 U.S.C. § 636(c)(5)
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 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
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. Corporate 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 and Urgent 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
Interim Circuit Rule 27-13. Sealed Documents
Circuit Advisory Committee Note to Rule 27-13
Circuit Rule 27-13. Sealed Documents; Motions to Seal
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
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 Reply 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 Advisory Committee Note to Rule 30-1.6
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

U.S. Court of Appeals for the Ninth Circuit
FRAP Rules, Ninth Circuit Rules, Circuit Advisory Committee Notes
1 June 2017