RULES APPLICABLE TO ALL DEATH PENALTY CASES (a) Notice of Emergency Motions. Upon the filing of a notice of appeal where the district court has denied a stay of execution, the clerk of the district court shall immediately notify the clerk of this court by telephone of such filing and transmit copies of the notice of appeal and the district court docket by the most expeditious method consistent with the proximity of the execution date. Counsel shall communicate with the clerk of this court by telephone as soon as it becomes evident that emergency relief will be sought from this court. (b) [Abrogated, see Circuit Rule 32-4 (1/1/99)] (c) Excerpts of Record. The appellant shall prepare and file excerpts of record in compliance with Circuit Rule 30-1. An appellant unable to obtain all or part of the record shall so notify the court. In addition to the documents listed in Circuit Rule 30-1.2, excerpts of record shall contain all final orders and rulings of all state courts in appellate and post-conviction proceedings. Excerpts of records shall also include all final orders of the Supreme Court of the United States involving the conviction or sentence. (d) Retention of Record. The clerk shall keep all papers filed in the Court of Appeals for future use of the court. (Eff. 7/1/97) CIRCUIT RULE 23-1 CUSTODY OF FEDERAL PRISONERS PENDING APPEALS IN PROCEEDINGS TO VACATE SENTENCE Pending an appeal from the final decision of any court or judge in a proceeding attacking a sentence under 28 U.S.C. § 2255, or an appeal from an order disposing of a motion made under Rules 33 or 35 of the Federal Rules of Criminal Procedure or any other proceeding in which a question of interim release is raised, the detention or release of the prisoner shall be governed by FRAP 23(b), (c) and (d). CIRCUIT RULE 24-1 EXCERPTS OF RECORD WAIVER [Abrogated 1-1-05] TITLE VII: GENERAL PROVISIONS CIRCUIT RULE 25-1 PRINCIPAL OFFICE OF CLERK The principal office of the Clerk shall be in the United States Court of Appeals, 95 Seventh Street, San Francisco, California. The duties of the clerk are set forth in FRAP 45. CIRCUIT RULE 25-2 COMMUNICATIONS TO THE COURT All communications to the court, including papers to be filed, shall comply with FRAP 32 and shall be addressed to the Clerk at the United States Court of Appeals, Post Office Box 193939, San Francisco, California 94119-3939. When it is intended that a communication come to the personal attention of a judge or judges, sufficient copies, not including the original, shall be supplied to the Clerk so that the Clerk can furnish a copy to each judge. Cross Reference: Circuit Rules 27-1, 27-2, 27-3, and 27-6, Motions Practice; Introduction, Pages xvii-xxi. CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 25-2 The address for same day or overnight mail delivery is Clerk, United States Court of Appeals, 95 Seventh Street, San Francisco, California 94103-1526. Notice of Delay: If an appeal or petition has been pending before the court for any period in excess of those set forth below, the party is encouraged to communicate this fact to the court. Such notice can be accomplished by a letter to the Clerk identifying the case and the nature of the delay. Generally, such a letter would be appropriate if: (1) a motion has been pending for longer than four (4) months; (2) the parties have not received notice of oral argument or submission on the briefs within fifteen (15) months after the completion of briefing; (3) a decision on the merits has not been issued within nine (9) months after submission; (4) the mandate has not issued within twenty-eight (28) days after the time to file a petition for rehearing has expired; or (5) a petition for rehearing has been pending for longer than six (6) months. Litigants are advised that the complexity of a given matter may preclude court action within the noted time period. (Notice of Delay - New 01/2001) CIRCUIT RULE 25-3 FACSIMILE FILING 25-3.1 Direct Filing. The Court does not accept for filing documents transmitted directly by telephone facsimile machine (“fax”), except in extreme emergencies. Parties may transmit documents directly to the court only upon request and with permission of court personnel. Any party who transmits a document to the court without authorization may be sanctioned. Any document transmitted directly to the court by fax must show service on all other parties by fax or hand delivery, unless another form of service is authorized by the court. Unless otherwise instructed, the filing party shall assure that a signed original and necessary copies are filed in the office of the Clerk on or before the next business day. 25-3.2 Third Party Filing. The court accepts for filing documents transmitted to third parties by fax and subsequently delivered by hand to the court. Documents filed in this fashion must comply with all applicable rules, including requirements for service, number of copies and colors of covers. The filing party shall designate one copy of the filed document as the “fax original.” It shall be of laser quality and shall bear the notation “fax original.” Other copies shall not bear that notation. A party filing a document by third party fax shall not send the signed original of the document to the court. Rather the filing party shall retain the signed original in its files until issuance of the court’s mandate in the case. If a party is unable, upon request by the court, to produce the signed original of a document that is filed by fax, the document may be stricken from the record. 25-3.3 Electronic Service. Electronic service is permitted only when the party being served has executed Form 13 found in the appendix to these rules on or before the date the document is electronically served. The original and the copies of the initial electronically-served document filed with the court shall be accompanied by a copy of the consent form as executed by the party served. If a party wishes to revoke such consent, the party shall inform counsel and the court by letter as to the revocation of consent. Substitution of counsel operates as a revocation of consent. (New 12-01-02) CIRCUIT RULE 25-4 CALENDARED CASES After a case has been scheduled for oral argument, has been argued, is under submission or has been decided, all papers submitted to the court for filing must include the latest of the date of argument, submission or decision. If known, the names of the panel members shall be included. This information shall be included on the initial page and/or cover, if any, immediately below the case number. (New Rule 7/1/2000) CIRCUIT RULE 26-1 FILING DEADLINES FOR THE DISTRICTS OF GUAM AND THE NORTHERN MARIANA ISLANDS Except as provided by order of the court, or by FRAP 26(b) and 31, all deadlines for filing set forth in FRAP or these rules are extended by 7 days in cases arising from the Districts of Guam and the Northern Mariana Islands. CIRCUIT RULE 27-1 FILING OF MOTIONS

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