EXCERPTS OF RECORD ON REVIEW OR ENFORCEMENT OF AGENCY ORDERS 17-1.1 Purpose. All members of the panel assigned to hear the appeal ordinarily will not have the entire record. Therefore Circuit Rule 17-1 requires the parties to prepare excerpts of record. 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 should ensure that, in accordance with the limitations of Rule 17-1, those parts of the record necessary to permit an informed analysis of their positions are included in the excerpts. 17-1.2 Petitioner’s Initial Excerpts of Record. At the time the petitioner’s opening brief is filed, the petitioner shall file five (5) copies of the excerpts of record bound separately from the briefs. The petitioner shall serve one (1) copy of the excerpts on each of the other parties. 17-1.3 Parties Exempted from Excerpts Requirement. (a) Unrepresented Parties: Petitioners and respondents proceeding without counsel need not file excerpts, supplemental excerpts and further excerpts of record. (b) Petitioners challenging a Board of Immigration Appeals order need not file the excerpts and further excerpts; respondent need not file supplemental excerpts. (New 1-1-05) 17-1.4 Required Contents of the Excerpts of Record. (a) When review or enforcement of an agency order is sought, the excerpts of record shall include: (i) the agency docket sheet, if there is one; (ii) the agency order to be reviewed; (iii) any opinion, findings of fact or conclusions of law filed by the agency, board, commissioner or officer which relates to the order to be reviewed; (iv) except as provided in Circuit Rule 17-1.4(b), where an issue raised in the petition is based upon a challenge to the admission or exclusion of evidence, that specific portion of the reporter’s transcript recording any discussion by court or counsel involving the evidence, offer of proof, ruling or order, and objections at issue; (v) except as provided in Circuit Rule 17-1.4(b), where an issue raised in the petition is based upon a challenge to any other ruling, order, finding of fact, or conclusion of law, and that ruling, order, finding or conclusion was delivered orally, that specific portion of the reporter’s transcript recording any discussion by court or counsel in which the assignment of error is alleged to rest; (vi) where an issue raised in the petition is based on a written exhibit (including affidavits), those specific portions of the exhibit necessary to resolve the issue; (vii) any other specific portions of any documents in the record that are cited in petitioner’s briefs and are necessary to the resolution of an issue on appeal; and, (viii) where the petition is from the grant or denial of a motion, those specific portions of any affidavits, declarations, exhibits or similar attachments submitted in support of or in opposition to the motion that are essential to the resolution of an issue on review. (b) In addition to the items required by Circuit Rule 17-1.4(a), where the petition seeks review of an agency adjudication regarding the grant or denial of benefits, the excerpts of record shall also include the entire reporter’s transcript of proceedings before the administrative law judge. (Rev. 1-1-05) 17-1.5 Items Not to Be Included in the Excerpts of Record. The excerpts of record shall not include briefs or other memoranda of law unless necessary to the resolution of an issue on appeal, and shall include only those pages necessary therefor. Cross Reference: Circuit Rule 17-2, Sanctions. 17-1.6 Form of the Excerpts of Record. The form of the excerpts shall be governed by Ninth Circuit Rule 30-1.6, with references in Rule 30-1.6 to appellant and the district court to be read as references to petitioner and agency, respectively. 17-1.7 Respondent’s Supplemental Excerpts of Record. The provisions for respondent’s supplemental excerpts shall be governed by Ninth Circuit Rule 30-1.7, with references in Rule 30-1.7 to appellee to be read as references to respondent. 17-1.8 Further Excerpts of Record. The provisions for further excerpts shall be governed by Ninth Circuit Rule 30-1.8, with references in Rule 30-1.8 to appellant to be read as references to petitioner. 17-1.9 Additional Copies of the Excerpts of Record. Should the Court of Appeals consider a case en banc, the Clerk of the Court of Appeals will require counsel to submit an additional 20 copies of the excerpts of record. (Rev. 7/95) CIRCUIT RULE 17-2 SANCTIONS FOR FAILURE TO COMPLY WITH CIRCUIT RULE 17-1 If materials required to be included in the excerpts under these rules are omitted, or irrelevant materials are included, the court may take one or more of the following actions: (a) strike the excerpts and order that they be corrected and resubmitted; (b) order that the excerpts be supplemented; (c) if the court concludes that a party or attorney has vexatiously or unreasonably increased the cost of litigation by inclusion of irrelevant materials, deny that portion of the costs the court deems to be excessive; and/or (d) impose monetary sanctions. Counsel will be provided notice and have an opportunity to respond before sanctions are imposed. CIRCUIT RULE 20-1 APPLICABILITY OF OTHER RULES TO REVIEW OF AGENCY DECISIONS All provisions of these Circuit Rules are applicable to review or enforcement of orders of agencies, except that any Circuit Rules accompanying FRAP 3 through 14, and FRAP 22 and 23 are not applicable. As used in any applicable rule, the term “appellant” includes a petitioner and the term “appellee” includes a respondent in proceedings to review or enforce agency orders. TITLE V: EXTRAORDINARY WRITS CIRCUIT RULE 21-1 EXTRAORDINARY WRITS Petitions for extraordinary writs shall conform to and be filed in accordance with the provisions of FRAP 21(a). (Rev. 7/93) CIRCUIT RULE 21-2 EXTRAORDINARY WRITS FORMAT; NUMBER OF COPIES

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