United States Court of Appeals for the Ninth Circuit Office of the Clerk
95 Seventh Street San Francisco, California 94103
Judgment and Post-Judgment Proceedings
Revised January 2009 Judgment ·
This Court has filed and entered the attached judgment in your case. Fed. R. App. P. 36. Please note the filed date on the attached decision because all of the dates described below run from that date, not from the date you receive this notice.
Mandate (Fed. R. App. P. 41; 9th Cir. R. 41-1 & -2) · The mandate will issue seven calendar days after the expiration of the time for filing a petition for rehearing or seven calendar days from the denial of a petition for rehearing, unless the court directs otherwise. To file a motion for stay of mandate, file it electronically via the appellate ECF system or by paper with an original and four copies of the motion. Petition for Panel Rehearing (Fed. R. App. P. 40; 9th Cir. R. 40-1) Petition for Rehearing En Banc (Fed. R. App. P. 35; 9th Cir. R. 35-1 to -4) (1) A. Purpose (Panel Rehearing): · A party should seek panel rehearing only if one or more of the following grounds exist: A material point of fact or law was overlooked in the decision; A change in the law occurred after the case was submitted which appears to have been overlooked by the panel; or An apparent conflict with another decision of the court was
not addressed in the opinion. · B. Do not file a petition for panel rehearing merely to reargue the case.
Purpose (Rehearing En Banc) · A party should seek en banc rehearing only if one or more of the following grounds exist: Consideration by the full court is necessary to secure or maintain uniformity of the court's decisions; or The proceeding involves a question of exceptional importance; or The opinion directly conflicts with an existing opinion by another court of appeals or the Supreme Court and substantially affects a rule of national application in which there is an overriding need for national uniformity.
Deadlines for Filing: · · A petition for rehearing may be filed within fourteen (14) days after entry of judgment. Fed. R. App. P. 40(a)(1). If the United States or an agency or officer thereof is a party in a civil case, the time for filing a petition for rehearing is 45 days after entry of judgment. Fed. R. App. P. 40(a)(1). If the mandate has issued, the petition for rehearing should be accompanied by a motion to recall the mandate. See Advisory Note to 9th Cir. R. 40-1 (petitions must be received on the due date). An order to publish a previously unpublished memorandum disposition extends the time to file a petition for rehearing to 14 days after the date of the order of publication or, in all civil cases in which the United States or an agency or officer thereof is a party, 45 days after the date of the order of publication. 9th Cir. R. 40-2.
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Statement of Counsel · A petition should contain an introduction stating that, in counsel's judgment, one or more of the situations described in the "purpose" section above exist. The points to be raised must be stated clearly.
Form & Number of Copies (9th Cir. R. 40-1; Fed. R. App. P. 32(c)(2)) · · · · The petition shall not exceed 15 pages unless it complies with the alternative length limitations of 4,200 words or 390 lines of text. The petition must be accompanied by a copy of the panel's decision being challenged. An answer, when ordered by the Court, shall comply with the same length limitations as the petition. If an unrepresented litigant elects to file a form brief pursuant to Circuit Rule 28-1, a petition for panel rehearing or for rehearing en banc need not comply with Fed. R. App. P. 32. The petition or answer must be accompanied by a Certificate of Compliance found at Form 11. If a petition is filed electronically via the appellate ECF system, no paper copies are required. If filing a petition for panel rehearing by paper, submit an original and 3 copies. If filing a petition for rehearing en banc by paper, submit an original and 50 copies.
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Bill of Costs (Fed. R. App. P. 39, 9th Cir. R. 39-1) · The Bill of Costs must be filed within 14 days after entry of judgment. · See Form 10 for additional information. Attorney's Fees · Circuit Rule 39-1 describes the content and due dates for attorney fee applications.
All relevant forms are available on our website www.ca9.uscourts.gov or by telephoning (415) 355-7806.
Petition for Writ of Certiorari · Please refer to the Rules of the United States Supreme Court at www.supremecourtus.gov Counsel Listing in Published Opinions · · Please check counsel listing on the attached decision. If there are any errors in a published opinion, please send a letter in writing within 10 days to: West Publishing Company; 610 Opperman Drive; PO Box 64526; St. Paul, MN 55164-0526 (Attn: Kathy Blesener, Senior Editor); and electronically file a copy of the letter via the appellate ECF system by using "File Correspondence to Court."