Ninth Circuit Rules
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Ninth Circuit Rules |
Table of Contents |
FRAP 9
RELEASE IN A CRIMINAL CASE
(a) Release Before Judgment of Conviction.
(1) The district court must state in writing, or orally on the record, the reasons for an order regarding the release or detention of a defendant in a criminal case. A party appealing from the order must file with the court of appeals a copy of the district court's order and the court's statement of reasons as soon as practicable after filing the notice of appeal. An appellant who questions the factual basis for the district court's order must file a transcript of the release proceedings or an explanation of why a transcript was not obtained.
(2) After reasonable notice to the appellee, the court of appeals must promptly determine the appeal on the basis of the papers, affidavits, and parts of the record that the parties present or the court requires. Unless the court so orders, briefs need not be filed.
(3) The court of appeals or one of its judges may order the defendant's release pending the disposition of the appeal.
(b) Release After Judgment of Conviction. A party entitled to do so may obtain review of a district-court order regarding release after a judgment of conviction by filing a notice of appeal from that order in the district court, or by filing a motion in the court of appeals if the party has already filed a notice of appeal from the judgment of conviction. Both the order and the review are subject to Rule 9(a). The papers filed by the party seeking review must include a copy of the judgment of conviction.
(c) Criteria for Release. The court must make its decision regarding release in accordance with the applicable provisions of 18 U.S.C. §§ 3142, 3143, and 3145(c).
RELEASE IN CRIMINAL CASES
9-1.1 Release Pending Conviction
(a) Within 14 days of the filing of a notice of appeal from a release or detention order entered before or at the time of a judgment of conviction, the appellant shall file a memorandum of law and facts in support of the 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 proceedings had on the motion for bail made in the district court. 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.
(b) The appellee shall file a response to appellant's memorandum within 7 days of receipt thereof.
(c) Appellant may file an optional reply within three (3) days of receipt of appellee's response to the bail motion. The appeal shall be decided promptly.
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. sec. 3143(b).
(c) The government shall file a written response to all motions for bail pending appeal within 7 days of receipt thereof.
(d) A movant for bail pending appeal may file an optional reply within three (3) days of receipt of the government's response to the bail motion.
(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.
Cross Reference: Circuit Rule 27-1, 27-3, Motions Practice.