Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/fedr/9ntcir.asc

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Updated January 1, 1993
FRAP 1

SCOPE OF RULES

 (a)  Scope of rules.  These rules govern procedure in
appeals to United States courts of appeals from the United States
district courts and the United States Tax Court; in appeals from
bankruptcy appellate panels; in proceedings in the courts of
appeals for review or enforcement of orders of administrative
agencies, boards, commissions and officers of the United States;
and in applications for writs or other relief which a court of
appeals or a judge thereof is competent to give.  When these
rules provide for the making of a motion or application in the
district court, the procedure for making such motion or
application shall be in accordance with the practice of the
district court.

 (b) Rules not to affect jurisdiction.  These rules shall
not be construed to extend or limit the jurisdiction of the
courts of appeals as established by law.

(As amended Apr. 30, 1979, eff. Aug. 1, 1979;
Apr. 25, 1989, eff. Dec. 1, 1989.)


CIRCUIT RULE 1-1

SCOPE OF CIRCUIT RULES

 In cases where the Federal Rules of Appellate Procedure
(FRAP) and the Rules of the United States Court of Appeals for
the Ninth Circuit (Circuit Rules) are silent as to a particular
matter of appellate practice, any relevant rule of the Supreme
Court of the United States shall be applied.


Updated January 1, 1993

FRAP 2

SUSPENSION OF RULES

 In the interest of expediting decision, or for other good
cause shown, a court of appeals may, except as otherwise provided
in Rule 26(b), suspend the requirements or provisions of any of
these rules in a particular case on application of a party or on
its own motion and may order proceedings in accordance with its
direction.

FRAP 3

APPEAL AS OF RIGHT-HOW TAKEN

 (a) Filing the notice of appeal.  An appeal permitted by

law as of right from a district court to a court of appeals shall
be taken by filing a notice of appeal with the clerk of the
district court within the time allowed by Rule 4. Failure of an
appellant to take any step other than the timely filing of a
notice of appeal does not affect the validity of the appeal, but
is ground only for such action as the court of appeals deems
appropriate, which may include dismissal of the appeal.  Appeals
by permission under 28 U.S.C.  1292(b) and appeals in bankruptcy
shall be taken in the manner prescribed by Rule 5 and Rule 6
respectively.

 (b) Joint or consolidated appeals.  If 2 or more persons
are entitled to appeal from a judgment or order of a district
court and their interests are such as to make joinder
practicable, they may file a joint notice of appeal, or may join
in appeal after filing separate timely notices of appeal, and
they may thereafter proceed on appeal as a single appellant.
Appeals may be consolidated by order of the court of appeals upon
its own motion or upon motion of a party, or by stipulation of
the parties to the several appeals.

 (c) Content of the notice of appeal.  The notice of
appeal shall specify the party or parties taking the appeal;
shall designate the judgment, order or part thereof appealed
from; and shall name the court to which the appeal is taken.
Form 1 in the Appendix of Forms is a suggested form of a notice
of appeal.  An appeal shall not be dismissed for informality of
form or title of the notice of appeal.

 (d) Service of the notice of appeal.  The clerk of the
district court shall serve notice of the filing of a notice of
appeal by mailing a copy thereof to counsel of record of each
party other than the appellant, or, if a party is not represented
by counsel, to the last known address of that party; and the
clerk shall transmit forthwith a copy of the notice of appeal and
of the docket entries to the clerk of the court of appeals named
in the notice.  When an appeal is taken by a defendant in a
criminal case, the clerk shall also serve a copy of the notice of
appeal upon the defendant, either by personal service or by mail
addressed to the defendant.  The clerk shall note on each copy
served the date on which the notice of appeal was filed.  Failure
of the clerk to serve notice shall not affect the validity of the
appeal. Service shall be sufficient notwithstanding the death of
a party or the party's counsel.  The clerk shall note in the
docket the names of the parties to whom the clerk mails copies,
with the date of mailing.

 (e) Payment of fees.  Upon the filing of any separate or
joint notice of appeal from the district court, the appellant
shall pay to the clerk of the district court such fees as are
established by statute, and also the docket fee


 Updated January 1, 1993 prescribed by the Judicial
Conference of the United States, the latter to be received by the
clerk of the district court on behalf of the court of appeals.

(As amended Apr. 30, 1979, eff. Aug. 1, 1979;
Mar. 10, 1986, eff. July 1, 1986; Apr. 25, 1989,
eff. Dec. 1, 1989.)


CIRCUIT RULE 3-1

FILING THE APPEAL

 In appeals from the district court, appellant's counsel
shall simultaneously submit to the clerk of the district court
the notice of appeal, the filing fee, the appellate docket fee
and sufficient copies of the notice of appeal for the parties and
the court.  In appeals from the bankruptcy appellate panel and
the Tax Court, the notice of appeal and fees shall be submitted
to the Clerk of the court from which the appeal is taken.
Petitions for review and applications to enforce federal agency
orders, and fees for those petitions and applications, shall be
submitted to the Clerk of the Court of Appeals.  If the fees are
not paid promptly, the Court of Appeals Clerk will dismiss the
case after transmitting a warning notice.

 The above rules are subject to several exceptions.  The
docket fee need not be paid upon filing the notice of appeal
when:

(a) the district court or this court has granted in forma
pauperis or Criminal Justice Act status;

(b) an application for in forma pauperis relief or for a
certificate of probable cause to appeal is pending; or (c) the
appellant, e.g., the Government, is exempt by statute from paying
the fee.  Counsel shall advise the Clerk at the time the notice
of appeal is filed if one of these conditions exists.  (See FRAP
24 regarding appeals in forma pauperis.) If a party has filed a
petition for permission to appeal pursuant to 28 U.S.C.  1292(b),
the filing fee and docket fee will become due in the district
court upon an order of this court granting permission to appeal.
A notice of appeal need not be filed.  (See FRAP 5.)

CIRCUIT RULE 3-2

PROCEDURE FOR RECALCITRANT WITNESS APPEALS

 Every notice of appeal from an order holding a witness in
contempt and directing incarceration under 28 U.S.C.  1826 shall
bear the caption "RECALCITRANT WITNESS APPEAL." Immediately upon
filing, the notice of appeal must be forwarded by the district
court clerk's office to the Court of Appeals clerk's office.

 It shall also be the responsibility of the appellant to
notify directly the criminal motions unit of the Court of Appeals
that such a notice of appeal has been filed in the district
court.  Such notification must be given both in writing and by
telephone [phone]) within 24 hours of the filing of the
notice of appeal.  The written notification shall be addressed
to:

CRIMINAL MOTIONS UNIT
United States Court of Appeals for
the Ninth Circuit
P.O. Box 193939
San Francisco, CA 94119-3939

A failure to provide such notice may result in sanctions against
counsel imposed by the court.

Cross Reference: FRAP 27, Motions; Circuit Rules 27-1 through 27-
10, Motions Practice.

Cross Reference:  Circuit Rule 10-1, Notice of Filing of Appeal;
Docket Sheet, Circuit Rule 25-1, Principal Office of Clerk.


CIRCUIT ADVISORY COMMITTEE
NOTE TO RULE 3-2

 A recalcitrant witness summarily ordered confined
pursuant to 28 U.S.C.  1826(a) is entitled to have his appeal
from the order of confinement decided within 30 days after the
filing of the notice of appeal. In the interest of obtaining a
rapid disposition of these appeals, the court impresses upon
counsel that the record on appeal and briefs must be filed with
the court as soon as possible after the notice of appeal is
filed.  The court will establish expedited schedules for filing
the record and briefs and will submit the appeals for decision to
the weekly panels.  If expedited treatment is sought for an
interlocutory appeal, motions for expedition, summary affirmance
or reversal, or dismissal may be filed pursuant to Circuit Rule
27-4.


Updated January 1, 1993
FRAP 3.1

APPEALS FROM JUDGMENTS ENTERED BY
MAGISTRATES IN CIVIL CASES

 When the parties consent to a trial before a magistrate
pursuant to 28 U.S.C.  636(c)(1), an appeal from a judgment
entered upon the direction of a magistrate shall be heard by the
court of appeals pursuant to 28 U.S.C.  636(c)(3), unless the
parties, in accordance with 28 U.S.C.  636(c)(4), consent to an
appeal on the record to a judge of the district court and
thereafter by petition only, to the court of appeals.  Appeals to
the court of appeals pursuant to 28 U.S.C.  636(c)(3) shall be
taken in identical fashion as appeals from other judgments of the
district court.

(As added Mar. 10, 1986, eff. July 1, 1986.)

FRAP 4

APPEAL AS OF RIGHT-WHEN TAKEN

(a) Appeals in civil cases.

 (1) In a civil case in which an appeal is permitted by
law as of right from a district court to a court of appeals the
notice of appeal required by Rule 3 shall be filed with the clerk
of the district court within 30 days after the date of entry of
the judgment or order appealed from; but if the United States or
an officer or agency thereof is a party, the notice of appeal may
be filed by any party within 60 days after such entry.  If a
notice of appeal is mistakenly filed in the court of appeals, the
clerk of the court of appeals shall note thereon the date on
which it was received and transmit it to the clerk of the
district court and it shall be deemed filed in the district court
on the date so noted.

 (2) Except as provided in (a)(4) of this Rule 4, a notice
of appeal filed after the announcement of a decision or order but
before the entry of the judgment or order shall be treated as
filed after such entry and on the day thereof.

 (3) If a timely notice of appeal is filed by a party, any
other party may file a notice of appeal within 14 days after the
date on which the first notice of appeal was filed, or within the
time otherwise prescribed by this Rule 4(a), whichever period
last expires.

 (4) If a timely motion under the Federal Rules of Civil
Procedure is filed in the district court by any party:  (i) for
judgment under Rule 50(b); (ii) under Rule 52(b) to amend or make
additional findings of fact, whether or not an alteration of the
judgment would be required if the motion is granted; (iii) under
Rule 59 to alter or amend the judgment; or (iv) under Rule 59 for
a new trial, the time for appeal for all parties shall run from
the entry of the order denying a new trial or granting or denying
any other such motion.  A notice of appeal filed before the
disposition of any of the above motions shall have no effect.  A
new notice of appeal must be filed within the prescribed time
measured from the entry of the order disposing of the motion as
provided above.  No additional fees shall be required for such
filing.

 (5) The district court, upon a showing of excusable
neglect or good cause, may extend the time for filing a notice of
appeal upon motion filed not later than 30 days after the
expiration of the time prescribed by this Rule

4(a).  Any such motion which is filed before expiration of the
prescribed time may be ex parte unless the court otherwise
requires.  Notice of any such motion which is filed after
expiration of the prescribed time shall be given to the other
parties in accordance with local rules.  No such extension shall
exceed 30 days past such prescribed time or 10 days from the date
of entry of the order granting the motion, whichever occurs
later.

 (6) The district court, if it finds (a) that a party
entitled to notice of the entry of a judgment or order did not
receive such notice from the clerk or any party within 21 days of
its entry and (b) that no party would be prejudiced, may upon
motion filed within 180 days of entry of the judgment or order or
within 7 days of receipt of such notice, whichever is earlier,
reopen the time for appeal for a period of 14 days from the date
of entry of the order reopening the time for appeal.

 (7) A judgment or order is entered within
the meaning of the Rule 4(a) when it is entered
in compliance with Rules 58 and 79(a) of the
Federal Rules of Civil Procedure.

 (b) Appeals in criminal cases.  In a criminal case the
notice of appeal by a defendant shall be filed in the district
court within 10 days after the entry of (i) the judgment or order
appealed from or (ii) a notice of appeal by the Government.  A
notice of appeal filed after the announcement of a decision,
sentence or order but before entry of the judgment or order shall
be treated as filed after such entry and on the day thereof.  If
a timely motion in arrest of judgment or for a new trial on any
ground other than newly discovered evidence has been made, an
appeal from a judgment of conviction may be taken within 10 days
after the entry of an order denying the motion.  A motion for a
new trial based on the ground of newly discovered evidence will
similarly extend the time for appeal from a judgment of
conviction if the motion is made before or within 10 days after
entry of the judgment.  When an appeal by the government is
authorized by statute, the notice of appeal shall be filed in the
district court within 30 days after the entry of (i) the judgment
or order appealed from or (ii) a notice of appeal by any
defendant.  A judgment or order is entered within the meaning of
this subdivision when it is entered in the criminal docket.  Upon
a showing of excusable neglect the district court may, before or
after the time has expired, with or without motion and notice,
extend the time for filing a notice of appeal for a period not to
exceed 30 days from the expiration of the time otherwise
prescribed by this subdivision.

(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Nov. 18, 1988, Apr.
30, 1991, eff. Dec. 1, 1991.)

Cross-Reference:  Circuit Rule 3-2, Recalcitrant Witness Appeals;
Circuit Rule 10-2, Record on Appeal; and Circuit Rule 27-4,
Emergency Criminal Interlocutory Appeals.

 Updated January 1, 1993

FRAP 5

APPEALS BY PERMISSION
UNDER 28 U.S.C.  1292(b)

 (a) Petition for permission to appeal.  An appeal from an
interlocutory order containing the statement prescribed by 28
U.S.C.  1292(b) may be sought by filing a petition for permission
to appeal with the clerk of the court of appeals within 10 days
after the entry of such order in the district court with proof of
service on all other parties to the action in the district court.
An order may be amended to include the prescribed statement at
any time, and permission to appeal may be sought within 10 days
after entry of the order as amended.

 (b) Content of the petition; answer.  The petition shall
contain a statement of the facts necessary to an understanding of
the controlling question of law determined by the order of the
district court; a statement of the question itself; and a
statement of the reasons why a substantial basis exists for a
difference of opinion on the question and why an immediate appeal
may materially advance the termination of the litigation.  The
petition shall include or have annexed thereto a copy of the
order from which appeal is sought and of any findings of fact,
conclusions of law and opinion relating thereto.  Within 7 days
after service of the petition an adverse party may file an answer
in opposition.  The application and answer shall be submitted
without oral argument unless otherwise ordered.

 (c) Form of papers; number of copies.  All papers may be
typewritten.  Three copies shall be filed with the original, but
the court may require that additional copies be furnished.

 (d) Grant of permission; cost bond; filing of record.
Within 10 days after the entry of an order granting permission to
appeal the appellant shall (1) pay to the clerk of the district
court the fees established by statute and the docket fee
prescribed by the Judicial Conference of the United States and
(2) file a bond for costs if required pursuant to Rule 7.  The
clerk of the district court shall notify the clerk of the court
of appeals of the payment of the fees.  Upon receipt of such
notice the clerk of the court of appeals shall enter the appeal
upon the docket.  The record shall be transmitted and filed in
accordance with Rules 11 and 12(b).  A notice of appeal need not
be filed.

(As amended Apr. 30, 1979, eff. Aug. 1, 1979.) Updated January 1,
1993

Cross Reference:  Circuit Rule 39-2.1, Attorneys Fees and
Expenses Under the Equal Access to Justice Act and Circuit Rule
39-2.2, Petitions by Permission.

Updated January 1, 1993

FRAP 5.1

APPEALS BY PERMISSION UNDER 28 U.S.C.  636(c)(5)

 (a) Petition for Leave to Appeal; Answer or Cross
Petition.  An appeal from a district court judgment, entered
after an appeal pursuant to 28 U.S.C.  636(c)(4) to a judge of
the district court from a judgment entered upon direction of a
magistrate in a civil case, may be sought by filing a petition
for leave to appeal.  An appeal on petition for leave to appeal
is not a matter of right, but its allowance is a matter of sound
judicial discretion.  The petition shall be filed with the clerk
of the court of appeals within the time provided by Rule 4(a) for
filing a notice of appeal, with proof of service on all parties
to the action in the district court.  A notice of appeal need not
be filed.  Within 14 days after service of the petition, a party
may file an answer in opposition or a cross petition.

 (b) Content of Petition; Answer.  The petition for leave
to appeal shall contain a statement of the facts necessary to an
understanding of the questions to be presented by the appeal; a
statement of those questions and of the relief sought; a
statement of the reasons why in the opinion of the petitioner the
appeal should be allowed; and a copy of the order, decree or
judgment complained of and any opinion or memorandum relating
thereto.  The petition and answer shall be submitted to a panel
of judges of the court of appeals without oral argument unless
otherwise ordered.

 (c) Form of Papers; Number of Copies.  All papers may be
typewritten.  Three copies shall be filed with the original, but
the court may require that additional copies be furnished.

 (d) Allowance of the Appeal; Fees; Cost Bond; Filing of
Record.  Within 10 days after the entry of an order granting the
appeal, the appellant shall (1) pay to the clerk of the district
court the fees established by statute and the docket fee
prescribed by the Judicial Conference of the United States and
(2) file a bond for costs if required pursuant to Rule 7.  The
clerk of the district court shall notify the clerk of the court
of appeals of the payment of the fees.  Upon receipt of such
notice, the clerk of the court of appeals shall enter the appeal
upon the docket.  The record shall be transmitted and filed in
accordance with Rules 11 and 12(b).

(As added Mar. 10, 1986, eff. July 1, 1986.) Updated January 1,
1993

FRAP 6

APPEALS IN BANKRUPTCY CASES FROM FINAL JUDGMENTS AND ORDERS OF
DISTRICT COURTS OR OF BANKRUPTCY APPELLATE PANELS

 (a) Appeal from a judgment, order or decree of a district
court exercising original jurisdiction in a bankruptcy case.  An
appeal to a court of appeals from a final judgment, order or
decree of a district court exercising jurisdiction pursuant to 28
U.S.C.  1334 shall be taken in identical fashion as appeals from
other judgments, orders or decrees of district courts in civil
actions.

 (b) Appeal from a judgment, order or decree of a district
court or bankruptcy appellate panel exercising appellate
jurisdiction in a bankruptcy case.--(1) Applicability of other
rules.  All provisions of these rules are applicable to an appeal
to a court of appeals pursuant to 28 U.S.C.  158(d) from a final
judgment, order or decree of a district court or bankruptcy
appellate panel exercising appellate jurisdiction pursuant to 28
U.S. C.  158(a) or (b), except that :

 (i) Rules 3.1, 4(a)(4), 4(b), 5.1, 9, 10, 11, 12(b), 13-
20, 22-23, and 24(b) are not applicable;

 (ii) the reference in Rule 3(c) to "Form 1 in the
Appendix of Forms" shall be read as a reference to Form 5; and

 (iii) when the appeal is from a bankruptcy appellate
panel, the term "district court" as used in any applicable rule,
means "appellate panel".

 (2) Additional rules.  In additional to the rules made
applicable by subsection (b)(1) of this rule, the following rules
shall apply to an appeal to a court of appeals pursuant to 28
U.S.C.  158(d) from a final judgment, order or decree of a
district court or of a bankruptcy appellate panel exercising
appellate jurisdiction pursuant to 28 U.S.C.  158 (a) or (b):

 (i) Effect of motion for rehearing on time for appeal.
If a timely motion for rehearing under Bankruptcy Rule 8015 is
filed in the district court or the bankruptcy appellate panel,
the time for appeal to the court of appeals for all parties shall
run from the entry of the order denying the rehearing or the
entry of the subsequent judgment.

 (ii) The record on appeal.  Within 10 days after filing
the notice of appeal, the appellant shall file with the clerk
possessed of the record assembled pursuant to Bankruptcy Rule
8006, and serve on the appellee, a statement of the issues to be
presented on appeal and a designation of the record to be
certified and transmitted to the clerk of the court of appeals.
If the appellee deems other parts of the record necessary, the
appellee shall, within 10 days after service of the appellant's
designation, file with the clerk and serve on the appellant a
designation of additional parts to be included. The record,
redesignated as provided above, plus the proceedings in the
district court or bankruptcy appellate panel and a certified copy
of the docket entries prepared by the clerk pursuant to Rule 3(d)
shall constitute the record on appeal.

 (iii) Transmission of the record.  When the record is
complete for purpose of the appeal, the clerk of the district
court or the appellate panel, shall transmit it forthwith to the
clerk of the court of appeals.  The clerk of the district court
or of the appellate panel shall number the documents comprising
the record and shall transmit with the record a list of documents
correspondingly numbered and identified with reasonable
definiteness.  Documents of unusual bulk or weight, physical
exhibits other than documents, and such other parts of the record
as the court of appeal may designate by local rule, shall not be
transmitted by the clerk unless the clerk is directed to do so by
a party or by the clerk of the court of appeals.  A party must
make advance arrangement with the clerk for the transportation
and receipt of exhibits of unusual bulk or weight.  All parties
shall take any other action necessary to enable the clerk to
assemble and transmit the record.  The court of appeals may
provide by rule or order that a certified copy of the docket
entries shall be transmitted in lieu of the redesignated record,
subject to the right of any party to request at any time during
the pendency of the appeal that the redesignated record be
transmitted.

 (iv) Filing of the record.  Upon receipt of the record,
the clerk of the court of appeals shall file it and shall
immediately give notice to all parties of the date on which it
was filed.  Upon receipt of a certified copy of the docket
entries transmitted in lieu of the redesignated record pursuant
to rule or order, the clerk of the court of appeals shall file it
and shall immediately give notice to all parties of the date on
which it was filed.

(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 25, 1989, eff.
Dec. 1, 1989, Apr. 30, 1991, eff. Dec. 1, 1991.)

Cross Reference: Circuit Rule 11.4.1, Retention of Clerk's
Record.

CIRCUIT RULE 6-1

APPEALS FROM FINAL DECISIONS OF THE SUPREME COURT OF THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

 (a) Applicability of other rules.  All provisions of the
Federal Rules of Appellate Procedure and the Ninth Circuit Rules
are applicable to an appeal pursuant to 48 U. S. C. 1694c(a) from
a final decision of the Supreme Court of the Northern Mariana
Islands, except that:

 (i) The term "district court" as used in these rules
shall apply to the Supreme Court of the Commonwealth of the
Northern Mariana Islands ("CNMI");

 (ii) Both civil and criminal appeals shall be taken
pursuant to the provisions set forth in FRAP 4(a)(1), 4(a)(3),
and 4(a)(5);

 (iii) FRAP 3.1, 4(a)(4), 4(a)(6), 4(b), 5, 5.1, 6, 10(a),
10(b), 11(a), 11(b), 13 through 20, 22, 23 and 24(b) are not
applicable;

 (iv) Ninth Circuit Rules 3-2, 10-2, 10-3, 11-1, 11-2, 11-
5, 13-1 through 17-3, and 23-1 are not applicable;

 (b) Additional rules.  In addition to the rules made
applicable by section (a) of this rule, the following rules shall
apply to all appeals pursuant to 48 U. S. C.  1694c(a):

 (i) Effect of petition for rehearing on time for appeal.
If a timely petition for rehearing under Rule 40 of the Rules of
Appellate Procedure of the CNMI Supreme Court is filed in the
CNMI Supreme Court, the time for appeal to this court shall run
from the entry of the order denying the rehearing.  A notice of
appeal filed before the disposition of a petition for rehearing
shall have no effect.  A new notice of appeal must be filed
within the prescribed time measured from the entry of the order
disposing of the motion as provided above.  No additional fees
shall be required for such filing.

 (ii) The record on appeal.  The original papers and
exhibits filed in the trial court, the transcript of proceedings,
if any, and a certified copy of the docket entries prepared by
the clerk of the trial court, the proceedings in the CNMI Supreme
Court, (although transcripts of oral argument are not required)
and a certified copy of the docket entries prepared by the clerk
of the CNMI Supreme Court shall constitute the record on appeal.

 (iii) The certificate of record.  When the record is
complete for purpose of the appeal, the clerk of the CNMI Supreme
Court shall file a certificate of record with the clerk of the
Court of Appeals.  The certificate shall attest that all
documents which comprise the record on appeal (as defined in
paragraph ii above) are available to the parties in the CNMI
Supreme Court or CNMI Superior Court clerk's office.  The filing
of the certificate of record with the Court of Appeals shall
indicate that the Court of Appeals considers the record filed.

 (iv) Statement of federal question.  In addition to the
requirements set forth in Cir. R. 28-2.2, the statement of
jurisdiction in all appeals pursuant to 48 U. S. C. 1694c(a)
shall include a separate paragraph which sets forth the
constitutional provisions, treaties or laws of the United States,
or any authority exercised thereunder, which are involved in the
case.


CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 6-1

 The Ninth Circuit has held that when a decision of the
CNMI Supreme Court is based solely on local law, the fact that
the Covenant to Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of America,
Pub. L. 94-241, 90 Stat. 263 (March 24, 1976) was adopted by the
United States Congress is not sufficient to confer Ninth Circuit
jurisdiction over actions arising from the CNMI courts.  Sablan
v.  Manglona, 938 F.2d 970 (9th Cir. 1991).

FRAP 7

BOND FOR COSTS ON APPEAL IN CIVIL CASES

 The district court may require an appellant to file a
bond or provide other security in such form and amount as it
finds necessary to ensure payment of costs on appeal in a civil
case.  The provisions of Rule 8(b) apply to a surety upon a bond
given pursuant to this rule.

(As amended Apr. 30, 1979, eff. Aug. 1, 1979.)


FRAP 8

STAY OR INJUNCTION PENDING APPEAL

 (a) Stay must ordinarily be sought in the first instance
in district court; motion for stay in court of appeals.
Application for a stay of the judgment or order of a district
court pending appeal, or for approval of a supersedeas bond, or
for an order suspending, modifying, restoring or granting an
injunction during the pendency of an appeal must ordinarily be
made in the first instance in the district court.  A motion for
such relief may be made to the court of appeals or to a judge
thereof, but the motion shall show that application to the
district court for the relief sought is not practicable, or that
the district court has denied an application or has failed to
afford the relief which the applicant requested, with the reasons
given by the district court for its action.  The motion shall
also show the reasons for the relief requested and the facts
relied upon, and if the facts are subject to dispute the motion
shall be supported by affidavits or other sworn statements or
copies thereof.  With the motion shall be filed such parts of the
record as are relevant.  Reasonable notice of the motion shall be
given to all parties.  The motion shall be filed with the clerk
and normally will be considered by a panel or division of the
court, but in exceptional cases where such procedure would be
impracticable due to the requirements of time, the application
may be made to and considered by a single judge of the court.

 (b) Stay may be conditioned upon giving of bond;
proceedings against sureties.  Relief available in the court of
appeals under this rule may be conditioned upon the filing of a
bond or other appropriate security in the district court.  If
security is given in the form of a bond or stipulation or other
undertaking with one or more sureties, each surety submits to the
jurisdiction of the district court and irrevocably appoints the
clerk of the district court as the surety's agent upon whom any
papers affecting the surety's liability on the bond or
undertaking may be served.  A surety's liability may be enforced
on motion in the district court without the necessity of an
independent action.  The motion and such notice of the motion as
the district court prescribes may be served on the clerk of the
district court, who shall forthwith mail copies to the sureties
if their addresses are known.

 (c) Stays in criminal cases.  Stays in criminal cases
shall be had in accordance with the provisions of Rule 38(a) of
the Federal Rules of Criminal Procedure.

(As amended Mar. 10, 1986, eff. July 1, 1986.)

Cross Reference:  Circuit Rules 27-1, 27-2, 27-3, Motions
Practice.

FRAP 9

RELEASE IN CRIMINAL CASES

 (a) Appeals from orders respecting release entered prior
to a judgment of conviction.  An appeal authorized by law from an
order refusing or imposing conditions of release shall be
determined promptly.  Upon entry of an order refusing or imposing
conditions of release, the district court shall state in writing
the reasons for the action taken.  The appeal shall be heard
without the necessity of briefs after reasonable notice to the
appellee upon such papers, affidavits, and portions of the record
as the parties shall present.  The court of appeals or a judge
thereof may order the release of the appellant pending the
appeal.

 (b) Release pending appeal from a judgment of conviction.
Application for release after a judgment of conviction shall be
made in the first instance in the district court.  If the
district court refuses release pending appeal, or imposes
conditions of release, the court shall state in writing the
reasons for the action taken.  Thereafter, if an appeal is
pending, a motion for release, or for modification of the
conditions of release, pending review may be made to the court of
appeals or to a judge thereof.  The motion shall be determined
promptly upon such papers, affidavits, and portions of the record
as the parties shall present and after reasonable notice to the
appellee.  The court of appeals or a judge thereof may order the
release of the appellant pending disposition of the motion.

 (c) Criteria for release.  The decision as to release
pending appeal shall be made in accordance with Title 18, U.S.C.
3143.  The burden of establishing that the defendant will not
flee or pose a danger to any other person or to the community and
that the appeal is not for purpose of delay and raises a
substantial question of law or fact likely to result in reversal
or in an order for a new trial rests with the defendant.

(As amended Apr. 24, 1972, eff. Oct. 1, 1972;
Oct. 12, 1984.)

CIRCUIT RULE 9-1

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.  The appeal shall be decided
promptly after submission of the appellee's response.

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. 3143(b).

 (c) The government shall file a written response to all
motions for bail pending appeal within 7 days of receipt thereof.

 (d) 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.

FRAP 10

THE RECORD ON APPEAL

(a) Composition of the record on appeal.  The original papers and
exhibits filed in the district court, the transcript of
proceedings, if any, and a certified copy of the docket entries
prepared by the clerk of the district court shall constitute the
record on appeal in all cases.

 (b)  The transcript of proceedings; duty of appellant to
order; notice to appellee if partial transcript is ordered.

 (1) Within 10 days after filing the notice of appeal the
appellant shall order from the reporter a transcript of such
parts of the proceedings not already on file as the appellant
deems necessary, subject to local rules of the courts of appeals.
The order shall be in writing and within the same period a copy
shall be filed with the clerk of the district court.  If funding
is to come from the United States under the Criminal Justice Act,
the order shall so state.  If no such parts of the proceedings
are to be ordered, within the same period the appellant shall
file a certificate to that effect.

 (2) If the appellant intends to urge on appeal that a
finding or conclusion is unsupported by the evidence or is
contrary to the evidence, the appellant shall include in the
record a transcript of all evidence relevant to such findings or
conclusion.

 (3) Unless the entire transcript is to be included, the
appellant shall, within the 10 days time provided in (b)(1) of
this Rule 10, file a statement of the issues the appellant
intends to present on the appeal and shall serve on the appellee
a copy of the order or certificate and of the statement.  If the
appellee deems a transcript or other parts of the proceedings to
be necessary, the appellee shall, within 10 days after the
service of the order or certificate and the statement of the
appellant, file and serve on the appellant a designation of
additional parts to be included.  Unless within 10 days after
service of such designation the appellant has ordered such parts,
and has so notified the appellee, the appellee may within the
following 10 days either order the parts or move in the district
court for an order requiring the appellant to do so.

 (4) At the time of ordering, a party must make
satisfactory arrangements with the reporter for payment of the
cost of the transcript.

 (c) Statement of the evidence or proceedings when no
report was made or when the transcript is unavailable.  If no
report of the evidence or proceedings at a hearing or trial was
made, or if a transcript is unavailable, the appellant may
prepare a statement of the evidence or proceedings from the best
available means, including the appellant's recollection.  The
statement shall be served on the appellee, who may serve
objections or proposed amendments thereto within 10 days after
service.  Thereupon the statement and any objections or proposed
amendments shall be submitted to the district court for
settlement and approval and as settled and approved shall be
included by the clerk of the district court in the record on
appeal.

 (d)  Agreed statement as the record on appeal.  In lieu
of the record on appeal as defined in subdivision (a) of this
rule, the parties may prepare and sign a statement of the case
showing how the issues presented by the appeal arose and were
decided in the district court and setting forth only so many of
the facts averred and proved or sought to be proved as are
essential to a decision of the issues presented.  If the
statement conforms to the truth, it, together with such additions
as the court may consider necessary fully to present the issues
raised by the appeal, shall be approved by the district court and
shall then be certified to the court of appeals as the record on
appeal and transmitted thereto by the clerk of the district court
within the time provided by Rule 11.  Copies of the agreed
statement may be filed as the appendix required by Rule 30.

 (e) Correction or modification of the record.  If any
difference arises as to whether the record truly discloses what
occurred in the district court, the difference shall be submitted
to and settled by that court and the record made to conform to
the truth.  If anything material to either party is omitted from
the record by error or accident or is misstated therein, the
parties by stipulation, or the district court, either before or
after the record is transmitted to the court of appeals, or the
court of appeals, on proper suggestion or of its own initiative,
may direct that the omission or misstatement be corrected, and if
necessary that a supplemental record be certified and
transmitted.  All other questions as to the form and content of
the record shall be presented to the court of appeals.

(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff.
July 1, 1986, Apr. 30, 1991, eff. Dec. 1, 1991.)

CIRCUIT RULE 10-1

NOTICE OF FILING OF APPEAL; DOCKET SHEET

 When the notice of appeal is filed in the district court,
the clerk of the district court shall immediately transmit a copy
of the notice to the Court of Appeals, together with a copy of
the district court docket sheet.  The clerk of the district court
shall immediately transmit a copy of the docket sheet to all
parties.

Cross Reference:  FRAP 3, Appeal as of Right-How Taken; Circuit
Rule 3-1, Filing the Appeal.

CIRCUIT RULE 10-2

 CONTENTS OF THE RECORD ON APPEAL

 Pursuant to FRAP 10(a), the complete record on appeal
consists of:

 (a) the official transcript of oral proceedings before
the district court ("transcript"), if there is one; and

 (b) the district court clerk's record of original
pleadings, exhibits and other papers filed with the district
court ("clerk's record").

Cross Reference:  Circuit Rule 30-1, The Excerpts of Record.

CIRCUIT RULE 10-3

 ORDERING THE REPORTER'S TRANSCRIPT

 10-3.1 Ordering the Reporter's Transcript in Civil
Appeals

 (a) Notice By Appellant of Transcript Portions to be
Ordered:  Unless counsel have agreed on transcript portions to be
ordered, within 10 days after the notice of appeal is filed, the
appellant shall serve on the appellee a notice setting forth the
portions of the transcript the appellant will order from the
court reporter.  If no transcript is needed, the appellant shall
file in the district court and serve on the appellee a notice so
stating, and at the same time shall provide a copy of this notice
to the court reporter and to the Court of Appeals.

 (b) Notice By Appellee of Additional Transcript Portions
to be Ordered:  Within 10 days after the date of service on the
appellee of the appellant's notice of transcript portions to be
ordered, the appellee may serve on the appellant a notice setting
forth additional portions of the transcript, if any, necessary
for the appeal.

 (c) Ordering the Transcript:  Within 10 days after the
date of service of the appellee's notice of additional transcript
portions or, if appellee does not timely serve such notice,
within 30 days after the notice of appeal is filed in the
district court, the appellant shall file a transcript order in
the district court using the United States Court of Appeals
Transcript Designation and Order Form.  At the same time, the
appellant shall provide a copy of the Transcript Designation and
Order Form to the court reporter and to the Court of Appeals.
Appellant shall order all transcript portions designated by both
the appellant and the appellee.  The transcript will be
considered ordered when appellant's counsel files the Transcript
Order Form in the district court.

 (d) Payment for Transcript:  On or before the date the
Transcript Order Form is filed with the district court, the
appellant shall make suitable arrangements with the court
reporter for payment of the cost of the transcript.  The Judicial
Conference of the United States has approved rates for court
reporters for the first copy and for subsequent copies of the
original transcript.  It is the appellant's obligation to pay for
the original transcript.

 10-3.2 Ordering the Reporter's Transcript in
Criminal Appeals

 (a) Ordering Transcripts Prior to Filing the Notice of
Appeal in Extended Criminal Trials:  In criminal proceedings in
which the trial lasted ten days or more, the district court may
authorize the preparation of the transcript on appeal and
execution of an Authorization and Voucher for Payment of
Transcript (CJA Form 24), after the entry of a verdict but prior
to the entry of judgment and the filing of a notice of appeal,
if, based upon the certificate of counsel, the court determines
that defense counsel has informed the defendant of the right to
appeal and the defendant has instructed counsel to appeal
regardless of the nature or length of the sentence to be imposed.
The certificate of counsel shall be in addition to the attorney's
statement in Box 11 of the CJA Form 24.  Retained counsel also
may order the trial transcript prior to entry of judgment and
filing of the notice of appeal provided they make acceptable
financial arrangements for payment of the transcript.  The Court
of Appeals waives the reduction in transcript price for
transcripts ordered pursuant to this rule for the time period
from the early ordering of the transcripts and the time that
would otherwise be required.  The parties shall comply with all
other applicable requirements of Circuit Rule 10-3.2(b)-(f).

 (b) Notice by Appellant of Transcript Portions to be
Ordered:  Unless counsel have agreed on transcript portions to be
ordered, within 7 days after the notice of appeal is filed, the
appellant shall serve on the appellee a notice setting forth the
portions of the transcript the appellant will order from the
court reporter.  If no transcript is needed, the appellant shall
file in the district court and serve on the appellee a notice so
stating, and at the same time shall provide a copy of this notice
to the court reporter and to the Court of Appeals.

 (c) Notice by Appellee of Additional Transcript Portions
To Be Ordered:  Within 7 days after the date of service of the
appellant's notice on the appellee, the appellee may serve on the
appellant a notice setting forth additional portions of the
transcript, if any, necessary for the appeal.

 (d) Ordering the Transcript:  Within 7 days after the
date of service of the appellee's notice of additional transcript
portions or, if appellee does not timely serve such notice,
within 21 days after the notice of appeal is filed, the appellant
shall file a transcript order in the district court using the
United States Court of Appeals Transcript Designation and Order
Form.  At the same time, the appellant shall provide a copy of
the Transcript Designation and Order Form to the court reporter
and the Court of Appeals.  Appellant shall order all transcript
portions designated by both the appellant and the appellee.  The
transcript will be considered ordered when appellant's counsel
files the Transcript Order Form in the district court.

 (e) Payment for the Transcript:  In cases where appellant
is represented by retained counsel, on or before the date the
Transcript Order Form is filed with the district court, the
appellant's counsel shall make suitable arrangements with the
court reporter for payment of the cost of the transcript and
shall certify in the Transcript Order Form that this has been
done.  Failure to make suitable arrangements with the court
reporter may result in sanctions pursuant to FRAP 46(c).

 (f) Preparation of the Transcript:  The court reporter
shall begin preparation of the transcript as soon as a Transcript
Order Form is filed in the district court and is received by the
court reporter.

 10-3.3 Payment for Additional Portions of
Transcript

 Whenever the appellee serves notice upon the appellant
that additional portions of the transcript are required under
Circuit Rule 10-3.1(b) or 10-3.2(c), the appellant shall be
responsible for payment unless the appellant certifies that the
requested portion is not necessary to the appeal, stating the
reasons therefor.  After such a certificate is served and filed
in the district court, and copies are furnished to the Court of
Appeals and the court reporter(s), the district court shall
determine the allocation of costs.

FRAP 11
 TRANSMISSION OF THE RECORD

 (a) Duty of appellant.  After filing the notice of appeal
the appellant, or in the event that more than 1 appeal is taken,
each appellant, shall comply with the provisions of Rule 10(b)
and shall take any other action necessary to enable the clerk to
assemble and transmit the record.  A single record shall be
transmitted.

 (b) Duty of reporter to prepare and file transcript;
notice to court of appeals; duty of clerk to transmit the record.
Upon receipt of an order for a transcript, the reporter shall
acknowledge at the foot of the order the fact that the reporter
has received it and the date on which the reporter expects to
have the transcript completed and shall transmit the order, so
endorsed, to the clerk of the court of appeals.  If the
transcript cannot be completed within 30 days of receipt of the
order the reporter shall request an extension of time from the
clerk of the court of appeals and the action of the clerk of the
court of appeals shall be entered on the docket and the parties
notified.  In the event of the failure of the reporter to file
the transcript within the time allowed, the clerk of the court of
appeals shall notify the district judge and take such other steps
as may be directed by the court of appeals.  Upon completion of
the transcript the reporter shall file it with the clerk of the
district court and shall notify the clerk of the court of appeals
that the reporter has done so.

 When the record is complete for purposes of the appeal,
the clerk of the district court shall transmit it forthwith to
the clerk of the court of appeals.  The clerk of the district
court shall number the documents comprising the record and shall
transmit with the record a list of documents correspondingly
numbered and identified with reasonable definiteness.  Documents
of unusual bulk or weight, physical exhibits other than
documents, and such other parts of the record as the court of
appeals may designate by local rule, shall not be transmitted by
the clerk unless the clerk is directed to do so by a party or by
the clerk of the court of appeals.  A party must make advance
arrangements with the clerks for the transportation and receipt
of exhibits of unusual bulk or weight.

 (c) Temporary retention of record in district court for
use in preparing appellate papers.  Notwithstanding the
provisions of (a) and (b) of this Rule 11, the parties may
stipulate, or the district court on motion of any party may
order, that the clerk of the district court shall temporarily
retain the record for use by the parties in preparing appellate
papers.  In that event the clerk of the district court shall
certify to the clerk of the court of appeals that the record,
including the transcript or parts thereof designated for
inclusion and all necessary exhibits, is complete for purposes of
the appeal.  Upon receipt of the brief of the appellee, or at
such earlier time as the parties may agree or the court may
order, the appellant shall request the clerk of the district
court to transmit the record.

 (d) [Extension of time for transmission of
the record; reduction of time] [Abrogated]

 (e) Retention of the record in the district court by
order of court.  The court of appeals may provide by rule or
order that a certified copy of the docket entries shall be
transmitted in lieu of the entire record, subject to the right of
any party to request at any time during the pendency of the
appeal that designated parts of the record be transmitted.

 If the record or any part thereof is required in the
district court for use there pending the appeal, the district
court may make an order to that effect, and the clerk of the
district court shall retain the record or parts thereof subject
to the request of the court of appeals, and shall transmit a copy
of the order and of the docket entries together with such parts
of the original record as the district court shall allow and
copies of such parts as the parties may designate.

 (f) Stipulation of parties that parts of the record be
retained in the district court.  The parties may agree by written
stipulation filed in the district court that designated parts of
the record shall be retained in the district court unless
thereafter the court of appeals shall order or any party shall
request their transmittal.  The parts thus designated shall
nevertheless be a part of the record on appeal for all purposes.

 (g) Record for preliminary hearing in the court of
appeals.  If prior to the time the record is transmitted a party
desires to make in the court of appeals a motion for dismissal,
for release, for a stay pending appeal, for additional security
on the bond on appeal or on a supersedeas bond, or for any
intermediate order, the clerk of the district court at the
request of any party shall transmit to the court of appeals such
parts of the original record as any party shall designate.

(As amended Apr. 30, 1979, eff. Aug. 1, 1979;
Mar. 10, 1986, eff. July 1, 1986.)

CIRCUIT RULE 11-1

 FILING THE REPORTER'S TRANSCRIPT


 11-1.1 Time for Filing the Reporter's
Transcript

 The reporter's transcript shall be filed in the district
court within 30 days from the date the Transcript
Designation/Ordering Form is filed with the district court,
pursuant to the provisions of FRAP 11(b) and in accordance with
the scheduling orders issued by the court for all appeals.  Upon
motion by a reporter, the Clerk of the Court of Appeals or a
designated deputy clerk may grant a reasonable extension of time
to file the transcript.  The grant of an extension of time does
not waive the mandatory fee reduction for the late delivery of
transcripts unless such waiver is stated in the order.

11-1.2 Procedure for Reporter Defaults
In the event the reporter fails to prepare the transcripts in
accordance with the scheduling order issued by the court or
within an extension of time granted by this court, appellant
shall notify this court of the need to modify the briefing
schedule.  Such notice shall be filed within 14 days after the
due date for filing of the transcripts.  The notice shall
indicate when the transcripts were designated, when financial
arrangements were made or the voucher was approved, the dates of
hearings for which transcripts have not been prepared and the
name of the reporter assigned to those hearings.

11-1.3 Form and Content of the Reporter's Transcript

 The transcript shall be bound by the reporter in a volume
or volumes with pages uniformly and consecutively numbered
throughout all volumes.  It shall include an index with the names
of witnesses, the direct, cross, redirect and other examinations,
and exhibit numbers, when offered and received or rejected, as
well as instructions and colloquy on instructions.  The index
shall refer to the number of the volume and the page, shall be
cumulative for all volumes, and shall be placed in the first
volume.  The original set of the transcript shall serve as the
copy required by 28 U.S.C.  753(b).

CIRCUIT RULE 11-2

THE CERTIFICATE OF RECORD

 Upon the filing of the transcript in the district court,
or alternatively, when the district court clerk receives notice
that no transcript will be ordered, the clerk of the district
court shall file a certificate of record with the clerk of the
Court of Appeals.  The certificate shall attest that all
documents which comprise the clerk's record on appeal (pleadings,
exhibits and other papers filed) and the reporters' transcript
(if any) are available to the parties in the district court
clerk's office.  The filing of the certificate of record with the
Court of Appeals shall indicate that the Court of Appeals
considers the record filed.

CIRCUIT RULE 11-3

RETENTION OF THE TRANSCRIPT AND CLERK'S RECORD IN THE DISTRICT
COURT DURING PREPARATION OF THE BRIEFS

 In all cases, as authorized by FRAP 11(c), both the
transcript and the clerk's record shall remain in the custody of
the district court for use by the parties in preparing their
briefs.


CIRCUIT RULE 11-4

RETENTION OF CLERK'S RECORD IN THE DISTRICT COURT IN CIVIL CASES
WHERE EXCERPTS OF RECORD ARE FILED; RETENTION OF PHYSICAL
EXHIBITS IN THE DISTRICT COURT; TRANSMITTAL OF REPORTER'S
TRANSCRIPT; TRANSMITTAL OF CLERK'S RECORD ON REQUEST

 11-4.1 Retention of Clerk's Record in the
District Court

 Except as noted below, in all civil cases where excerpts
of record are to be filed with the Court of Appeals pursuant to
Circuit Rule 30-1, the entire clerk's record shall be retained in
the district court unless requested by the Court of Appeals.
This provision shall not apply to Tax Court Cases or to cases
involving review of Social Security Administration determinations
of eligibility for disability insurance benefits and supplemental
security income benefits.  In appeals from the Bankruptcy
Appellate Panel, records will be treated in the same fashion as
records on appeal in other civil cases arising from the district
court.

 11-4.2 Retention of Physical Exhibits in the
District Court

 All physical exhibits in all cases shall be retained in
the district court unless requested by the Court of Appeals.

      11-4.3 Transmittal of Reporter's Transcript

The reporter's transcript shall be transmitted to the Clerk of
the Court of Appeals by the clerk of the district court within 7
days after the district court receives notice from the Court of
Appeals that the appellee's brief has been filed.

 11-4.4 Transmittal of Clerk's Record Upon
Request

 In cases where the clerk's record is retained in the
district court, if a judge or staff member of the Court of
Appeals at any time requires all or part of the clerk's record,
the judge or staff member shall, through the Clerk of the Court
of Appeals, request the record from the district court.  The
district court clerk shall transmit the record to the requesting
judge or staff member within 10 days of receiving the request.

CIRCUIT RULE 11-5

TRANSMITTAL OF THE CLERK'S RECORD AND REPORTER'S TRANSCRIPT AND
EXHIBITS IN ALL OTHER CASES

 In all cases not falling within the provisions of Circuit
Rule 11-4.1, the entire clerk's record and the reporter's
transcript shall be transmitted to the Court of Appeals within 7
days after the clerk of the district court receives notice from
the Court of Appeals that the appellee's brief has been filed in
the Court of Appeals.  All physical exhibits shall be retained in
the district court unless requested by the Court of Appeals.