(a) Every notice of appeal from a release or detention order entered before or at the time of a judgment of conviction shall bear the caption “FRAP 9(a) Appeal.” Immediately upon filing, the district court shall forward the notice of appeal to the Court of Appeals Clerk’s Office. Upon filing the notice of appeal, counsel shall contract the Court of Appeals’ motions unit to notify the court that such an appeal has been filed. Unless otherwise directed by the Court, appellant shall file a memorandum of law and facts in support of the appeal within 14 days of filing the notice of appeal. Appellant’s memorandum shall be accompanied by a copy of the district court’s release or detention order, and, if the appellant questions the factual basis of the order, a transcript of the district court’s bail proceedings. If unable to obtain a transcript of the bail proceedings, the appellant shall state in an affidavit the reasons why the transcript has not been obtained. (Rev. 01/01/2003) (b) Unless otherwise directed by the court, appellee shall file a response to appellant’s memorandum within 10 calendar days of service. (Rev. 01/2003) (c) Unless otherwise directed by the court, appellant may file a reply within seven (7) calendar days of service of the response. The appeal shall be decided promptly upon the completion of briefing. (Rev. 01/01/2003) 9-1.2 Release Pending Appeal. (a) A motion for bail pending appeal or for revocation of bail pending appeal, made in this court, shall be accompanied by a copy of the district court’s bail order, and, if the movant questions the factual basis of the order, a transcript of the proceedings had on the motion for bail made in the district court. If unable to obtain a transcript of the bail proceedings, the movant shall state in an affidavit the reason why the transcript has not been obtained. (b) A movant for bail pending appeal shall also attach to the motion a certificate of the court reporter containing the name, address, and telephone number of the reporter who will prepare the transcript on appeal and the reporter’s verification that the transcript has been ordered and that satisfactory arrangements have been made to pay for it, together with the estimated date of completion of the transcript. A motion for bail which does not comply with part (b) of this rule will be prima facie evidence that the appeal is taken for the purpose of delay within the meaning of 18 U.S.C. § 3143(b). (c) Unless otherwise directed by the court, the non-moving party shall file an opposition or statement of non-opposition to all motions for bail or revocation of bail pending appeal of a judgment of conviction within ten (10) calendar days of service of the motion. (Rev. 01/01/2003) (d) Unless otherwise directed by the court, the movant may file an optional reply within seven (7) calendar days of service of the response. (Rev. 01/01/2003) (e) If the appellant is on bail at the time the motion is filed in this court, that bail will remain in effect until the court rules on the motion. (Rev. 01/2001–changed from (d) to (e).) Cross Reference: Circuit Rule 27-1, 27-3, Motions Practice. CIRCUIT RULE 10-1 NOTICE OF FILING OF APPEAL; DOCKET SHEET When the notice of appeal is filed in the district court, the clerk of the district court shall immediately transmit a copy of the notice to the Court of Appeals, together with a copy of the district court docket sheet. The clerk of the district court shall immediately transmit a copy of the docket sheet to all parties. Cross Reference: FRAP 3, Appeal as of Right-How Taken; Circuit Rule 3-1, Filing the Appeal. CIRCUIT RULE 10-2 CONTENTS OF THE RECORD ON APPEAL Pursuant to FRAP 10(a), the complete record on appeal consists of: (a) the official transcript of oral proceedings before the district court (“transcript”), if there is one; and (b) the district court clerk’s record of original pleadings, exhibits and other papers filed with the district court (“clerk’s record”). Because all members of the panel assigned to hear the appeal ordinarily will not have the entire record (see Ninth Cir. R. 11-4.1), the parties must prepare excerpts of record pursuant to Ninth Cir. R. 30-1. The purpose of the excerpts of record is to provide each member of the panel with those portions of the record necessary to reach a decision. The parties must ensure that, in accordance with the limitations of Rule 30-1, those parts of the record necessary to permit an informed analysis of their positions are included in the excerpts. (Rev. 7/95) Cross Reference: Circuit Rule 30-1, The Excerpts of Record. CIRCUIT RULE 10-3 ORDERING THE REPORTER’S TRANSCRIPT 10-3.1 Civil Appeals. (a) Appellant’s Initial Notice. Unless the parties have agreed on which portions of the transcript to order, or appellant intends to order the entire transcript, appellant shall serve appellee with a notice specifying which portions of the transcript appellant intends to order from the court reporter, as well as a statement of the issues the appellant intends to present on appeal. In the alternative, appellant shall serve on appellee a statement indicating that appellant does not intend to order any transcripts. This notice and statement shall be served on appellee and filed with this court within 10 calendar days of the filing of the notice of appeal or within 10 calendar days of the entry of an order disposing of the last timely filed motion of a type specified in Fed. R. App. P. 4(a)(4). (b) Appellee’s Response. Within 10 calendar days of the service date of appellant’s initial notice, appellee may respond to appellant’s initial notice by serving on appellant a list of any additional portions of the transcript that appellee deems necessary to the appeal. (c) No Transcripts Necessary. If the parties agree that no transcripts are necessary, appellant shall file in the district court a notice stating that no transcripts will be ordered, and provide copies of this notice to the court reporter and the Court of Appeals. (d) Ordering the Transcript. Within 30 days of the filing of the notice of appeal, appellant shall file a transcript order in the district court, using the district court’s transcript designation form. Appellant shall simultaneously provide a copy of the designation form to the court reporter and the Court of Appeals. (Rev. 7/1/97) In ordering the transcripts, appellant shall either order all portions of the transcript listed by both appellant and appellee or certify to the district court pursuant to subsection (f) of this rule that the portions listed by appellee in the response to appellant’s initial notice are unnecessary. (e) Paying for the Transcript. On or before filing the designation form in the district court, appellant shall make arrangements with the court reporter to pay for the transcripts ordered. The United States Judicial Conference has approved the rates a reporter may charge for the production of the transcript and copies of a transcript. Appellant must pay for the original transcript. The transcript is considered ordered only after the designation form has been filed in the district court and appellant has made payment arrangements with the court reporter or the district court has deemed the transcripts designated by appellee to be unnecessary and appellee has made financial arrangements. Payment arrangements include obtaining authorization for preparation of the transcript at government expense. (f) Paying for Additional Portions of the Transcript. If appellee notifies appellant that additional portions of the transcript are required pursuant to 9th Cir. R. 10-3.1(b), appellant shall make arrangements with the court reporter to pay for these additional portions unless appellant certifies that they are unnecessary to the appeal and explains why not. If such a certificate is filed in the district court, with copies to the court reporter and this court, the district court shall determine which party shall pay for which portions of the transcript. Appellant may ask the Court of Appeals for an extension of time to make arrangements with the court reporter to pay for the transcripts pending the district court’s resolution of the issue. 10-3.2 Criminal Appeals. (a) Early Ordering of the Transcript in Criminal Trials Lasting 10 Days or More. Where criminal proceedings result in a trial lasting 10 calendar days or more, the district court may authorize the preparation of the transcript for the appeal and payment of the court reporter after the entry of a verdict but before the filing of a notice of appeal. In addition to filing a CJA Form 24 (Authorization and Voucher for Payment of Transcript), appointed counsel shall certify to the district court that defendant is aware of the right to appeal, and that the defendant has instructed counsel to appeal regardless of the nature or length of the sentence imposed. Retained counsel must make a similar certification to the district court along with financial arrangements with the court reporter to pay for the transcripts before obtaining early preparation authorization. The Court of Appeals waives the reduction on transcript price for transcripts ordered pursuant to this subsection from the date of the initial order to the date the transcripts would otherwise be ordered, i.e., 7 calendar days from the filing of the notice of appeal. (Rev. 12-1-02) The parties shall comply with all other applicable parts of 9th Cir. R. 10-3.2(b)-(f). (b) Appellant’s Initial Notice. Unless parties have agreed on which portions of the transcript to order or appellant intends to order the entire transcript, appellant shall serve appellee with a notice listing the portions of the transcript appellant will order from the court reporter, as well as a statement of the issues the appellant intends to present on appeal. In the alternative, the appellant shall serve appellee with a statement indicating that no transcripts will be ordered. This notice and statement shall be served on appellee within 7 calendar days of the filing of the notice of appeal or within 7 calendar days of the entry of an order disposing of the last timely filed motion of a type specified in Fed. R. App. P. 4(b). (Rev. 12-1-02) (c) Appellee’s Response. Within 7 calendar days of the service of appellant’s initial notice, the appellee may serve on the appellant a response specifying what, if any, additional portions of the transcript are necessary to the appeal.

Vegas Law