United States Court of Appeals for the Ninth Circuit Rules: Revisions to Take Effect July 1, 2013

Effective July 1, 2013, the Ninth Circuit has promulgated amendments to its rules in several areas. All revisions may be reviewed here. The amended and newly introduced rules are outlined below.

Amended Circuit Rules:

Rule 5-2: Number of Copies
Purpose of Amendment: Conform language with revisions to Rule 25-5; clarify paper format procedures.

Rule 11-4.4: Transmittal of Clerk’s Record
Purpose of Amendment: Ensure this Court’s access to state court records filed or lodged in 28 U.S.C. § 2254 proceedings

Rule 15-1: Review or Enforcement of Agency Orders
Purpose of Amendment: Conform language with revisions to Rule 25-5; clarify paper format procedures

Rule 15-3: Procedures for Review Under the Pacific Northwest Electric Power Planning and Conservation Act
Purpose of Amendment: Shift responsibility for consolidation to agency; extend deadline to intervene to reduce volume of motions

Rule 15-4: Petitions for Review of Board of Immigration Appeals Decisions
Purpose of Amendment: Conform language with revisions to Rule 25-5; clarify paper format procedures

Rule 21-2: Extraordinary Writs Format; Number of Copies
Purpose of Amendment: Conform language with revisions to Rule 25-5; clarify paper format procedures

Rule 22-3: Applications for Authorization to File Second or Successive 2254 Petition or 2255 Motion – All Cases; Stay of Execution – Capital Cases
Purpose of Amendment: Conform language with revisions to Rule 25-5; clarify paper format procedures

Rule 25-5: Electronic Filing
Purpose of Amendment: Conform rule with current practice

Rule 27-13: Sealed Documents, Motions to Seal
Purpose of Amendment: Allow electronic filing of documents when entire case is sealed

Rule 30-1.10: Presentence Reports
Purpose of Amendment: Allow electronic filing of presentence reports and related confidential documents

Rule 33-1: Circuit Mediation Office
Purpose of Amendment: Emphasize confidentiality of settlement process

Rule 46-5: Restrictions on Practice by Former Court Employees
Purpose of Amendment: Clarify impact of post-disposition proceedings on eligibility to practice

New Circuit Rules:

Rule 27-14: Motions to Transmit Physical and Documentary Exhibits
Purpose of adoption: Implement procedure to facilitate this Court’s access to exhibits when appropriate

Should you have any questions regarding the Ninth Circuit's rules and procedures, please do not hesitate to contact me directly. My colleagues at Counsel Press' office in Los Angeles and I specialize in rule-compliant appellate filings in the United States Supreme Court, the Ninth Circuit and the California Supreme Court and Court of Appeal.

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