The motion shall otherwise comport with Federal Rule of Appellate Procedure 27. (New Rule 7/1/2000) Cross Reference: Federal Rule of Appellate Procedure 8 and 25; Circuit Rule 27-5. (New 7/1/2000) CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 27-3 (1) Procedures for Motions. When an emergency motion is filed with the Clerk in San Francisco, it is immediately referred to the appropriate motions unit. A motions attorney will contact the lead judge of the motions panel, or, if he or she is unavailable, the second judge and then the third judge of the motions panel. (See Advisory Committee Note to Rule 27-1.) That judge then may either grant temporary relief or convene the motions panel (usually by telephone) to decide the motion. When a motion requiring “same day” or “next day” action is accepted for filing in a divisional clerk’s office pursuant to Circuit Rule 27-3(2), that clerk’s office will immediately refer the motion to the appropriate motions unit or to a member of the current motions panel. When a judge at a location in which there is no clerk’s office is contacted by a party with an emergency motion requesting same day or next day relief, and the judge determines that action is required that day or the next day, the judge shall, if practicable, consult with the lead judge of the motions panel. The single judge may either grant or deny temporary relief pending full consideration of the motion by a motions panel. (2) Emergency Telephone Number. The clerk’s office provides 24-hour telephone service for calls placed to the main clerk’s office number, (415) 556-9800. Messages left at times other than regular office hours are recorded and monitored on a regular basis by the motions attorneys. Messages should be left only with regard to matters of extreme urgency that must be handled by the court before the next business day. Callers should make clear the nature of the emergency and the reasons why next-business-day treatment is not sufficient. CIRCUIT RULE 27-4 EMERGENCY CRIMINAL INTERLOCUTORY APPEALS If emergency treatment is sought for an interlocutory criminal appeal, motions for expedition, summary affirmances or reversal, or dismissal may be filed pursuant to Circuit Rule 27-3. To avoid delay in the disposition of such motions, counsel should include with the motion all material that may bear upon the disposition of the appeal, including: a copy of the notice of appeal; district court docket sheet, moving papers of the parties and any responses thereto filed in the district court; the district court’s order at issue; information concerning the scheduled trial date; information regarding codefendants; and information concerning other counts contained in the indictment but not in issue. Cross Reference: FRAP 4(b), Appeals in Criminal Cases, FRAP 22, Habeas Corpus Proceedings, and Circuit Rules 22-1 to 22-6, State Death Penalty Cases. CIRCUIT RULE 27-5 EMERGENCY MOTIONS FOR STAY OF EXECUTION OF SENTENCE OF DEATH [Abrogated] Cross Reference: Circuit Rules 22-1 to 22-6, Death Penalty Cases. CIRCUIT RULE 27-6 NO ORAL ARGUMENT UNLESS OTHERWISE ORDERED [Abrogated 1/99] CIRCUIT RULE 27-7 DELEGATION OF AUTHORITY TO ACT ON MOTIONS The Court may delegate to the Clerk or designated deputy clerks, staff attorneys, appellate commissioners or circuit mediators authority to decide motions filed with the court. Orders issued pursuant to this section are subject to reconsideration pursuant to Circuit Rule 27-10. (Rev. 1-1-04) CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 27-7 (a) Procedural Motions. Most non-dispositive procedural motions in appeals or other proceedings that have not yet been calendared are acted on by court staff under the supervision of the clerk, the appellate commissioner, or the chief circuit mediator. Court staff may act on procedural motions whether opposed or unopposed, but if there is any question under the guidelines as to what action should be taken on the motion, it is referred to the appellate commissioner or the chief circuit mediator. Through its General Orders, the court has delegated authority to act on specific motions and to take other actions on its behalf. See, in particular, General Orders, Appendix A, (which are available on the court’s website). (Rev. 1-01-04) CIRCUIT RULE 27-8 REQUIRED RECITALS IN CRIMINAL AND IMMIGRATION CASES 27-8.1 Criminal Cases. Every motion in a criminal appeal shall recite any previous application for the relief sought and the bail status of the defendant. 27-8.2 Immigration Petitions. Every motion in a petition for review of a decision of the Board of Immigration Appeals shall recite any previous application for the relief sought and inform the court if petitioner (1) is detained in the custody of the Department of Homeland Security and/or (2) has moved the Board of Immigration Appeals to reopen or applied to the district director for an adjustment of status. (New 1-1-05) CIRCUIT RULE 27-9 MOTIONS TO DISMISS CRIMINAL APPEALS 27-9.1 Voluntary Dismissals. Motions or stipulations for voluntary dismissals of criminal appeals shall, if made or joined in by counsel for appellant, be accompanied by appellant’s written consent thereto, or counsel’s explanation of why appellant’s consent was not obtained. Cross Reference: FRAP 42, Voluntary Dismissal. 27-9.2 Involuntary Dismissals. Motions by appellees for dismissal of criminal appeals, and supporting papers, shall be served upon both appellant and appellant’s counsel, if any. If the ground of such motion is failure to prosecute the appeal, appellant’s counsel, if any, shall respond within 8 days. If appellant’s counsel does not respond, the clerk will notify the appellant of the court’s proposed action. If the appeal is dismissed for failure to prosecute, the court may impose sanctions on appellant’s counsel. Counsel will be provided with 14 days notice and an opportunity to respond before sanctions are imposed. CIRCUIT RULE 27-10 MOTIONS FOR RECONSIDERATION (a) Filing for Reconsideration. Unless the time is shortened or enlarged by order of this court, a motion for clarification, or reconsideration of a court order must be filed within fourteen (14) days of the date of the order, except a prisoner not represented by an attorney shall have twenty-eight (28) days. (Rev. 1-1-04) A party seeking relief under this rule shall state with particularity the points of law or fact which, in the opinion of the movant, the court has overlooked or misunderstood. Changes in legal or factual circumstances which may entitle the movant to relief also shall be stated with particularity. (b) Court Processing. A timely motion for clarification or reconsideration of an order issued by a motions panel shall be decided by that panel. If the case subsequently has been assigned to a merits panel, the motions panel shall contact the merits panel before disposing the motion. A party may file only one motion for clarification or reconsideration of a panel order. No answer to such a motion will be filed unless requested by the court, but ordinarily the court will not grant such a motion without requesting an answer. The rule applies to any motion seeking review of a motions panel order, either by the panel or en banc, and supersedes the time limits set forth in Fed. R. App. P. 40(a)(1) with respect to such motions. (New 1-1-04) A motion to reconsider an order issued pursuant to Circuit Rule 27-7 by a deputy clerk, staff attorney, circuit mediator, or appellate commissioner is initially directed to the individual who issued the order. If that individual is disinclined to grant the requested relief, the motion for reconsideration shall be processed as follows: (New 1-1-04) (1) if the order was issued by a deputy clerk or staff attorney, the motion is referred to an appellate commissioner; (2) if the order was issued by a circuit mediator, the motion is referred to the chief circuit mediator; (3) if the order was issued by an appellate commissioner or the chief circuit mediator, the motion is referred to a motions panel. CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 27-10 Motions for clarification, reconsideration or rehearing of orders entered by a motions panel are not favored by the Court and should be utilized only where counsel believes that the Court has overlooked or misunderstood a point of law or fact, or where there is a change in legal or factual circumstances after the order which would entitle the movant to relief. (Rev. 1-1-04) CIRCUIT RULE 27-11

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