CIRCUIT RULE 27-11 MOTIONS; EFFECT ON SCHEDULE (a) Motions requesting the types of relief noted below shall stay the schedule for record preparation and briefing pending the court’s disposition of the motion: (Rev. 01-01-2003) (1) dismissal; (Rev. 01-01-2003) (2) transfer to another tribunal; (Rev. 01-01-2003) (3) full remand; (4) in forma pauperis status in this court; (Rev. 01-01-2003) (5) production of transcripts at government expense; and (Rev. 01-01-2003) (6) appointment or withdrawal of counsel. (Rev. 01-01-2003) (b) The schedule for record preparation and briefing shall be reset as necessary upon the court’s disposition of the motion. Motions for reconsideration are disfavored and will not stay the schedule unless otherwise ordered by the court. (Rev. 01-01-2003) CIRCUIT RULE 27-12 MOTIONS TO EXPEDITE Motions to expedite briefing and hearing may be filed and will be granted upon a showing of good cause. “Good cause” includes, but is not limited to, situations in which: (1) an incarcerated criminal defendant contends that the valid guideline term of confinement does not extend beyond 12 months from the filing of the notice of appeal; (2) the projected release date for an incarcerated criminal defendant occurs within 12 months from the filing of the notice of appeal; or (3) in the absence of expedited treatment, irreparable harm may occur or the appeal may become moot. The motion shall set forth the status of transcript preparation and opposing counsel’s position or reason why moving counsel has been unable to determine that position. The motion may also include a proposed briefing schedule and date for argument or submission. A motion pursuant to this rule may include a request for (i) a stay of the order on appeal, or (ii) release of a prisoner pending appeal. (Eff. 7/95) Cross Reference: Circuit Rule 27-3, Emergency Motions. CIRCUIT RULE 27-13 MOTIONS TO SEAL (a) Filing Under Seal. If the filing of any specific document or part of a document under seal is required by statute or a protective order entered below, the filing party shall file the materials or affected parts under seal together with an unsealed and separately captioned notification setting forth the reasons the sealing is required. Notification as to the necessity to seal based on the entry of a protective order shall be accompanied by a copy of the order. Any document filed under seal shall have prominently indicated on its cover and first page the words “under seal.” (b) Motions to Seal. A motion to seal may be made on any grounds permitted by law. Any motion to file a brief, excerpts of record, or other material under seal shall be filed simultaneously with the relevant document, which may be filed provisionally under seal. The motion shall indicate whether the party wishes to withhold from public disclosure any specific information, such as the names of the parties. The document will remain sealed on a provisional basis until the court rules on the motion. If discussion of confidential material is necessary to support the motion to seal, that discussion shall be confined to an affidavit or declaration, which may also be filed provisionally under seal. Unless otherwise stated in the motion, the seal will not preclude court staff from viewing sealed materials. (c) Motions to Unseal. A motion to unseal may be made on any grounds permitted by law. During the pendency of an appeal, any party may file a motion with this court requesting that matters filed under seal either in the district court or this court be unsealed. Any motion shall be served on all parties. (Eff. 7/95) CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 27-13 Absent an order to the contrary, any portion of the district court or agency record that was sealed below shall remain under seal upon transmittal to this court. Cross Reference: Circuit Advisory Committee Note to Circuit Rule 3-5; Circuit Rule 30-1.7, Presentence Reports. CIRCUIT RULE 28-1 BRIEFS, APPLICABLE RULES (a) Briefs shall be prepared and filed in accordance with the Federal Rules of Appellate Procedure except as otherwise provided by these rules. See FRAP 28, 29, 31 and 32. Briefs not complying with FRAP and these rules may be stricken by the Court. (b) Parties must not append or incorporate by reference briefs submitted to the district court or agency or this Court in a prior appeal, or refer this Court to such briefs for the arguments on the merits of the appeal. (New Rule 7/1/2000) (c) Appellants proceeding without assistance of counsel may file the form brief provided by the Clerk in lieu of the brief described in the preceding paragraph. If an appellant uses the informal brief form, the optional reply brief need not comply with the technical requirements of FRAP 28(c) or 32(a). (Rev. 1/96) Cross Reference: Federal Rule of Appellate Procedure 28(j). (Rev. 7/1/2000) CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 28-1 The rules regarding form of the brief and the colors of covers are set forth in FRAP 32. The parties are advised that the type style and size parameters described at FRAP 32(a)(5) and (6) are applicable to the entire text of the brief, including any footnotes. See Circuit Rule 31-1 for the number of copies required. Briefing in cross-appeals is governed by Federal Rule of Appellate Procedure 28(h). Accordingly, the party that files the first notice of appeal is deemed the appellant and files the opening brief. The party that files the second notice of appeal is deemed the appellee and files a combined brief that answers the appeal and opens as to the cross-appeal. Appellant than [then] files a combined brief that answers the cross-appeal and may reply as to the appeal. Appellee may file a reply brief pertaining to the cross-appeal. Litigants are reminded that under Federal Rule of Appellate Procedure 28(h), they may move to alter the sequence of briefing if the latter-filed notice of appeal raises a more complex or broader issue than that raised by the earlier notice of appeal, or when otherwise appropriate. (Rev. 7/1/2000) Pursuant to Federal Rule of Appellate Procedure 32(a)(2), the first brief shall have a blue cover; the second and third briefs shall have red covers; and the final brief shall have a gray cover. Federal Rule of Appellate Procedure 32(a)(7)’s length limitation for principal briefs applies to the first three briefs; Rule 32(a)(7)’s length limitation for reply briefs applies to the final brief. If a party contends that a lengthier brief is warranted, it may file a motion to enlarge the brief’s size pursuant to Ninth Circuit Rule 32-2. (Rev. 7/1/2000) CIRCUIT RULE 28-2 CONTENTS OF BRIEFS In addition to the requirements of FRAP 28, briefs shall comply with the following rules: 28-2.1 Certificate as to Interested Parties [Abrogated 7/1/90]. Cross Reference: FRAP 26.1 Corporate Disclosure Statement. 28-2.2 Statement of Jurisdiction. In a statement preceding the statement of the case in its initial brief, each party shall demonstrate the jurisdiction of the district court or agency and of this Court by stating, in the following order: (a) The statutory basis of subject matter jurisdiction of the district court or agency; (b) The basis for claiming that the judgment or order appealed from is final or otherwise appealable (e.g., Fed. R. Civ. P. 54(b); 28 U.S.C. § 1292), and the statutory basis of jurisdiction of this Court. (c) The date of entry of the judgment or order appealed from; the date of filing of the notice of appeal or petition for review; and the statute or rule under which it is claimed the appeal is timely. If the appellee agrees with appellant’s statement of one or more of the foregoing matters, it will be sufficient for the appellee to state such agreement under an appropriate heading.

Vegas Law