The rules of the United States Court of Appeals for the Ninth Circuit are to be known as Circuit Rules. (Rev. 7/95) CIRCUIT RULE 1-2 SCOPE OF CIRCUIT RULES In cases where the Federal Rules of Appellate Procedure (FRAP) and the Rules of the United States Court of Appeals for the Ninth Circuit (Circuit Rules) are silent as to a particular matter of appellate practice, any relevant rule of the Supreme Court of the United States shall be applied. TITLE II: APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT COURT CIRCUIT RULE 3-1 FILING THE APPEAL In appeals from the district court, appellant’s counsel shall simultaneously submit to the clerk of the district court the notice of appeal, the filing fee, the appellate docket fee and sufficient copies of the notice of appeal for the parties and the court. In appeals from the bankruptcy appellate panel and the Tax Court, the notice of appeal and fees shall be submitted to the Clerk of the court from which the appeal is taken. Petitions for review and applications to enforce federal agency orders, and fees for those petitions and applications, shall be submitted to the Clerk of the Court of Appeals. If the fees are not paid promptly, the Court of Appeals Clerk will dismiss the case after transmitting a warning notice. 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 to appeal 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 Fed. R. App. P. 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.) CIRCUIT RULE 3-2 REPRESENTATION STATEMENT (a) No FRAP 12(b) Representation Statement is required in: (1) criminal cases; (2) appeals arising from actions filed pursuant to 28 U. S. C. §§ 2241, 2254, and 2255; and (3) appeals filed by pro se appellants. (b) In all other cases, a party filing an appeal shall attach to the notice a Representation Statement that identifies all parties to the action along with the names, addresses and telephone numbers of their respective counsel, if any. (Rev. 7/94) Cross Reference: FRAP 12(b), Filing a Representation Statement. CIRCUIT RULE 3-3 PRELIMINARY INJUNCTION APPEALS (a) Every notice of appeal from an interlocutory order (i) granting, continuing, modifying, refusing or dissolving a preliminary injunction or (ii) refusing to dissolve or modify a preliminary injunction shall bear the caption “PRELIMINARY INJUNCTION APPEAL.” Immediately upon filing, the notice of appeal must be forwarded by the district court clerk’s office to the Court of Appeals clerk’s office. (b) Within 7 calendar days of filing a notice of appeal from an order specified in subparagraph (a), the parties shall arrange for expedited preparation by the district court reporter of all portions of the official transcript of oral proceedings in the district court which the parties desire to be included in the record on appeal. Within 28 days of the docketing in the district court of a notice of appeal from an order specified in subparagraph (a), the appellant shall file an opening brief and excerpts of record. Appellee’s brief and any supplemental excerpts of record shall be filed within 28 days of service of appellant’s opening brief. Appellant may file a brief in reply to appellee’s brief within 14 days of service of appellee’s brief. (Rev. 12-1-02) (c) The principal brief of any party may be accompanied by a separately filed request for oral argument setting forth the reasons why oral argument should be heard and why the appeal should be decided by a merits panel. The request shall not exceed 5 pages. (d) The appeal and any pending motions shall, upon the filing of appellee’s brief, be referred to the next available motions/screening panel for disposition. The panel may set a date for oral argument or, pursuant to FRAP 34(a) and Cir. R. 34-4, decide the appeal on the briefs without oral argument. Alternatively, the motions/screening panel may refer the matter to the next available merits panel for disposition. (e) If a party files a motion to expedite the appeal or a motion to grant or stay an injunction pending appeal, the Court may order a schedule for briefing and/or a procedure for disposition of the appeal that differs from the schedule and procedure set forth in subparagraphs (b) and (d) of this rule. (Eff. 7/95) Cross References: FRAP 8 and Circuit Rules 27-2, 27-3, Stay or Injunction Pending Appeal; FAP 10 and Circuit Rules 10-2, 10-3, Record on Appeal; Circuit Rule 30-1, Excerpts of Record; FRAP 34(a) and Circuit Rules 34-3, 34-4, Priority Cases and Requests for Oral Argument. CIRCUIT RULE 3-4 CIVIL APPEALS DOCKETING STATEMENT (a) Except as provided in section (b) below, appellant in each civil appeal shall complete and submit to the district court upon the filing of the notice of appeal an original and one copy of the Civil Appeals Docketing Statement on the form provided as Form 6, in the Appendix of Forms. Appellant shall attach copies of judgments, orders, opinions, and findings of fact and conclusions of law of the district court that will be relevant to the major issues it anticipates raising in the appeal. Any Civil Appeals Docketing Statement submitted after the filing of the notice of appeal shall be submitted to this court rather than the district court. Within 7 days of service of the Civil Appeals Docketing Statement, appellee may file a response with this court. Parties shall serve copies of the Civil Appeals Docketing Statement on all parties to the district court case. Appellant’s failure to comply with this rule may result in dismissal of the appeal in accordance with Circuit Rule 42-1. (b) The requirement for filing a Civil Appeals Docketing Statement shall not apply to: (1) an appeal in which the appellant is proceeding without the assistance of counsel; (2) an appeal from an action filed under 28 U.S.C. §§ 2241, 2254, 2255; and, (3) petitions for a writ under 28 U.S.C. § 1651. (Rev. 7/97) Cross Reference: FRAP 33 and Circuit Rule 33-1, Appeal Conferences; Form 6, Appendix of Forms. CIRCUIT RULE 3-5 PROCEDURE FOR RECALCITRANT WITNESS APPEALS Every notice of appeal from an order holding a witness in contempt and directing incarceration under 28 U.S.C. § 1826 shall bear the caption “RECALCITRANT WITNESS APPEAL.” Immediately upon filing, the notice of appeal must be forwarded by the district court clerk’s office to the Court of Appeals clerk’s office. It shall also be the responsibility of the appellant to notify directly the criminal motions unit of the Court of Appeals that such a notice of appeal has been filed in the district court. Such notification must be given both in writing and by telephone (415/556-9800) within 24 hours of the filing of the notice of appeal. The written notification shall be addressed to: MOTIONS UNIT United States Court of Appeals for the Ninth Circuit P.O. Box 193939 San Francisco, CA 94119-3939 A failure to provide such notice may result in sanctions against counsel imposed by the court. (Eff. 7/1/97) Cross Reference: FRAP 27, Motions; Circuit Rules 27-1 through 27-10, Motions Practice; Circuit Rule 10-1, Notice of Filing of Appeal; Docket Sheet; Circuit Rule 25-1, Principal Office of Clerk. CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 3-5 A recalcitrant witness summarily ordered confined pursuant to 28 U.S.C. § 1826(a) is entitled to have his appeal from the order of confinement decided within 30 days after the filing of the notice of appeal. In the interest of obtaining a rapid disposition of these appeals, the court impresses upon counsel that the record on appeal and briefs must be filed with the court as soon as possible after the notice of appeal is filed. The court will establish expedited schedules for filing the record and briefs and will submit the appeals for decision to the weekly panels. If expedited treatment is sought for an interlocutory appeal, motions for expedition, summary affirmance or reversal, or dismissal may be filed pursuant to Circuit Rule 27-4. A party may file papers using a Doe designation to avoid disclosure of the identity of the applicant or the subject matter of the grand jury investigation. The party should file an accompanying motion to use such a designation. CIRCUIT RULE 3-6 SUMMARY DISPOSITION OF CIVIL APPEALS At any time prior to the completion of briefing in a civil appeal if the court determines: (a) that clear error or an intervening court decision or recent legislation requires reversal or vacation of the judgment or order appealed from or a remand for additional proceedings; or (b) that it is manifest that the questions on which the decision in the appeal depends are so insubstantial as not to justify further proceedings the court may, after affording the parties an opportunity to show cause, issue an appropriate dispositive order.

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