Ninth Circuit Rules
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Ninth Circuit Rules |
Table of Contents |
FRAP 36
ENTRY OF JUDGMENT; NOTICE
(a) Entry. A judgment is entered when it is noted on the docket. The clerk must prepare, sign, and enter the judgment:
(1) after receiving the court's opinion — but if settlement of the judgment's form is required, after final settlement; or
(2) if a judgment is rendered without an opinion, as the court instructs.
(b) Notice. On the date when judgment is entered, the clerk must mail to all parties a copy of the opinion — or the judgment, if no opinion was written — and a notice of the date when the judgment was entered.
OPINIONS, MEMORANDA, ORDERS; PUBLICATION
Each written disposition of a matter before this Court shall bear under the number in the caption the designation OPINION, or MEMORANDUM, or ORDER. A written, reasoned disposition of a case or motion which is designated as an opinion under Circuit Rule 36-2 is an OPINION of the Court. It may be an authored opinion or a per curiam opinion. A written, reasoned disposition of a case or a motion which is not intended for publication under Circuit Rule 36-2 is a MEMORANDUM. Any other disposition of a matter before the Court is an ORDER. A memorandum or order shall not identify its author, nor shall it be designated "Per Curiam."
All opinions are published; no memoranda are published; orders are not published except by order of the court. As used in this rule, the term PUBLICATION means to make a disposition available to legal publishing companies to be reported and cited.
CRITERIA FOR PUBLICATION
A written, reasoned disposition shall be designated as an OPINION only if it:
(a) Establishes, alters, modifies or clarifies a rule of law, or
(b) Calls attention to a rule of law which appears to have been generally overlooked, or
(c) Criticizes existing law, or
(d) Involves a legal or factual issue of unique interest or substantial public importance, or
(e) Is a disposition of a case in which there is a published opinion by a lower court or administrative agency, unless the panel determines that publication is unnecessary for clarifying the panel's disposition of the case, or
(f) Is a disposition of a case following a reversal or remand by the United States Supreme Court, or
(g) Is accompanied by a separate concurring or dissenting expression, and the author of such separate expression requests publication of the disposition of the Court and the separate expression.
CITATION OF UNPUBLISHED DISPOSITIONS OR ORDERS
(a) Not Precedent: Unpublished dispositions and orders of this Court are not binding precedent, except when relevant under the doctrine of law of the case, res judicata, or collateral estoppel.
(b) Citation: Unpublished dispositions and orders of this Court may not be cited to or by the courts of this circuit except in the following circumstances.
(i) They may be cited to this Court or to or by any other court in this circuit when relevant under the doctrine of law of the case, res judicata, or collateral estoppel.
(ii) They may be cited to this Court or by any other courts in this circuit for factual purposes, such as to show double jeopardy, sanctionable conduct, notice, entitlement to attorneys' fees, or the existence of a related case.
(iii) They may be cited to this Court in a request to publish a disposition or order made pursuant to Circuit Rule 36-4, or in a petition for panel rehearing or rehearing en banc, in order to demonstrate the existence of a conflict among opinions, dispositions, or orders.
(c) Attach Copy: A copy of any cited unpublished disposition or order must be attached to the document in which it is cited, as an appendix. (New Rule 7/1/2000)
CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 36-3
Circuit Rule 36-3 has been adopted for a limited 30-month period, beginning July 1, 2000 and ending December 31, 2002. Litigants are invited to submit comments regarding the rule to the Clerk during the first 24 months of the trial period. After the rule has been in effect for 24 months, the Advisory Committee on Rules will study and report to the Court on the frequency with which unpublished dispositions are cited to the Court and on any problems or concerns associated with the rule. The Advisory Committee will also issue a recommendation on whether the rule should be made permanent. Unless, by December 31, 2002, the Court votes affirmatively to extend the rule, it will automatically expire on December 31, 2002 and the former version of Circuit Rule 36-3 will be reinstated. (New Note 7/1/2000)
REQUEST FOR PUBLICATION
Publication of any unpublished disposition may be requested by letter addressed to the Clerk, stating concisely the reasons for publication. Such a request will not be entertained unless received within 60 days of the issuance of this Court's disposition. A copy of the request for publication must be served on the parties to the case. The parties will have 10 days from the date of service to notify the Court of any objections they may have to the publication of the disposition. If such a request is granted, the unpublished disposition will be redesignated an opinion.
ORDERS FOR PUBLICATION
An order may be specially designated for publication by a majority of the judges acting and when so published may be used for any purpose for which an opinion may be used. Such a designation should be indicated when filed with the Clerk by the addition of the words "FOR PUBLICATION" on a separate line.
PERIODIC NOTICE TO PUBLISHING COMPANIES
A list of all cases that have been decided by written unpublished disposition will be made available periodically to legal publishing companies for notation in its reports. The list shall set forth concluding disposition in each case, such as, "Affirmed," "Reversed," "Dismissed," or "Enforced."
CIRCUIT ADVISORY COMMITTEE NOTE TO RULES 36-1 TO 36-6
The clerk's office is not given advance notice as to when a disposition will be delivered by the judges for filing and, therefore, cannot supply such information to counsel. When a disposition is filed, the Clerk mails notice of entry of judgment and a copy of the disposition to counsel and the district judge from whom the appeal was taken. All dispositions are public. Once a disposition is filed with the Clerk, anyone may obtain copies of printed decisions by making a written request to the clerk's office, accompanied by a $2.00 fee and self-addressed envelope. Opinions are also available on the day of filing on the Court's electronic bulletin board service. For information on how to access the system, contact the Public Information Unit at (415) 556-9800. One may also receive copies of the Court's slip opinions, as they are printed, upon the payment of an annual subscription fee. Printed slip opinions are subject to typographical and printing error. The cooperation of the Bar in calling apparent errors to the attention of the clerk's office is solicited.
Upon disposition of an appeal arising out of a bankruptcy court the Clerk of this Court shall furnish a copy of such disposition to the bankruptcy judge who initially ruled on the matter.