The filing requirements in the United States Court of Appeals for the Ninth Circuit are complex. In addition to the Federal Rules of Appellate Procedure, the Ninth Circuit operates under its own set of Local Rules – mandatory practice standards that periodically change, and sometimes conflict with the Federal Rules – and the clerk’s office often adheres to distinctive unwritten practices and preferences.
What follows is a basic reference guide for Ninth Circuit filers. For more information, visit www.cocklelegalbriefs.com/circuit-court-briefs or call us at (800) 225-6964.
Excerpts of Record
In contrast to other circuits, no appendix is used in the Ninth Circuit. Instead, the Ninth Circuit rules require parties (unless they are unrepresented by counsel) to file Excerpts of Record. The Excerpts should be a well-organized and accessible collection of all the documents in the record that are necessary to understand and decide the issues on appeal. The Excerpts are designed to provide each member of the panel (the Judges) with those portions necessary to reach an informed decision.
Appellant’s Briefs
An Appellant’s brief should contain the following sections:
- Corporate Disclosure Statement
- Table of Contents
- Table of Authorities
- Statement of Jurisdiction
- Statement of Issue(s) Presented
- Statement of Case
- Summary of Argument
- Standard(s) of Review
- Argument
- Conclusion
- Signature Block
- Statement of Related Cases
- Certificate of Compliance
- Certificate of Service
- Certificate for Brief in Paper Format (for paper copies only)
Addendum to Briefs
An addendum (when applicable) must be separated from the brief by a distinctly-colored divider page (Cockle uses a blue divider page). See Circuit Rule 28.
Appellee’s Briefs
The statement of jurisdiction, statement of issues, statement of case, and standard of review sections listed above are not required in an Appellee’s brief unless the Appellee is dissatisfied with the statements made by the Appellant.
Reply Briefs
Reply briefs must contain tables of contents and authorities, a certificate of compliance, and a certificate of service.
Formatting
Font may be proportionally-spaced at 14 point (such as Times New Roman), or, monospaced type (such as Courier) with no more than 10.5 characters per inch. Footnotes must be in the same size text as the body of the brief.
Text must be double spaced, though quotations more than two lines long may be indented and single spaced. Headings and footnotes may also be single spaced. Margins must be at least one inch on all sides.
Printing
All briefs, addendums, and Excerpts of Record must be printed on 8½ by 11-inch paper and bound in a manner that is secure, does not obscure text, and permits the brief to lie reasonably flat when open (Cockle utilizes Perfect Binding).
Trust Cockle for your next Ninth Circuit Filing!
Cockle Legal Briefs has produced top quality legal documents for more than 90 years, and our staff of professionals – experienced in the unique practices of each circuit – can help you present a timely, rule-compliant, and impeccably-prepared document. We have earned an excellent reputation providing the legal community with highly skilled and efficient appellate, typographic, digital printing, and binding services.
Our Ninth Circuit services include:
- Interpreting court requirements and navigating complex filing rules
- Expert legal proofreading
- Printing, binding, and shipping of briefs, appendices, and Record Excerpts