Complete Home & Office Legal Guide

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FRAP 23 CUSTODY OF PRISONERS IN HABEAS CORPUS PROCEEDINGS (a) Transfer of custody pending review. Pending review ì of a decision in a habeas corpus proceeding commenced before a ì court, justice or judge of the United States for the release of a ì prisoner, a person having custody of the prisoner shall not ì transfer custody to another unless such transfer is directed in ì accordance with the provisions of this rule. Upon application of ì a custodian showing a need therefor, the court, justice or judge ì rendering the decision may make an order authorizing transfer and ì providing for the substitution of the successor custodian as a ì party. (b) Detention or release of prisoner pending review of ≡7É3 ìèdecision failing to release. Pending review of a decision ì failing or refusing to release a prisoner in such a proceeding, ì the prisoner may be detained in the custody from which release is ì sought, or in other appropriate custody, or may be enlarged upon ì the prisoner's recognizance, with or without surety, as may ì appear fitting to the court or justice or judge rendering the ì decision, or to the court of appeals or to the Supreme Court, or ì to a judge or justice of either court. (c) Release of prisoner pending review of decision ì ordering release. Pending review of a decision ordering the ì release of a prisoner in such a proceeding, the prisoner shall be ì enlarged upon the prisoner's recognizance, with or without ì surety, unless the court or justice or judge rendering the ì decision, or the court of appeals or the Supreme Court, or a ì judge or justice of either court shall otherwise order. (d) Modification of initial order respecting custody. An ì initial order respecting the custody or enlargement of the ì prisoner and any recognizance or surety taken, shall govern ì review in the court of appeals and in the Supreme Court unless ì for special reasons shown to the court of appeals or to the ì Supreme Court, or to a judge or justice of either court, the ì order shall be modified, or an independent order respecting ì custody, enlargement or surety shall be made. CIRCUIT RULE 23-1 CUSTODY OF FEDERAL PRISONERS PENDING APPEALS IN PROCEEDINGS TO VACATE SENTENCE Pending an appeal from the final decision of any court or ì judge in a proceeding attacking a sentence under 28 U.S.C. 2255, ì or an appeal from an order disposing of a motion made under Rules ì 33 or 35 of the Federal Rules of Criminal Procedure or any other ì proceeding in which a question of interim release is raised, the ì detention or release of the prisoner shall be governed by FRAP ì 23(b), (c) and (d). FRAP 24 PROCEEDINGS IN FORMA PAUPERIS (a) Leave to proceed on appeal in forma pauperis from ì district court to court of appeals. A party to an action in a ì district court who desires to proceed on appeal in forma pauperis ì shall file in the district court a motion for leave so to ì proceed, together with an affidavit, showing, in the detail ì prescribed by Form 4 of the Appendix of Forms, the party's ì inability to pay fees and costs or to give security therefor, the ì party's belief that party is entitled to redress, and a statement ì of the issues which that party intends to present on appeal. If ì the motion is granted, the party may proceed without further ì application to the court of appeals and without prepayment of ì fees or costs in either court or the giving of security therefor. ≡7É3 ìèIf the motion is denied, the district court shall state in ì writing the reasons for the denial. Notwithstanding the provisions of the preceding ì paragraph, a party who has been permitted to proceed in an action ì in the district court in forma pauperis, or who has been ì permitted to proceed there as one who is financially unable to ì obtain adequate defense in a criminal case, may proceed on appeal ì in forma pauperis without further authorization unless, before or ì after the notice of appeal is filed, the district court shall ì certify that the appeal is not taken in good faith or shall find ì that the party is otherwise not entitled so to proceed, in which ì event the district court shall state in writing the reasons for ì such certification or finding. If a motion for leave to proceed on appeal in forma ì pauperis is denied by the district court, or if the district ì court shall certify that the appeal is not taken in good faith or ì shall find that the party is otherwise not entitled to proceed in ì forma pauperis, the clerk shall forthwith serve notice of such ì action. A motion for leave so to proceed may be filed in the ì court of appeals within 30 days after service of notice of the ì action of the district court. The motion shall be accompanied by ì a copy of the affidavit filed in the district court, or by the ì affidavit prescribed by the first paragraph of this subdivision ì if no affidavit has been filed in the district court, and by a ì copy of the statement of reasons given by the district court for ì its action. (b) Leave to proceed on appeal or review in forma ì pauperis in administrative agency proceedings. A party to a ì proceeding before an administrative agency, board, commission or ì officer (including, for the purpose of this rule, the United ì States Tax Court) who desires to proceed on appeal or review in a ì court of appeals in forma pauperis, when such appeal or review ì may be had directly in a court of appeals, shall file in the ì court of appeals a motion for leave so to proceed, together with ì the affidavit prescribed by the first paragraph of (a) of this ì Rule 24. (c) Form of briefs, appendices and other papers. Parties ì allowed to proceed in forma pauperis may file briefs, appendices ì and other papers in typewritten form, and may request that the ì appeal be heard on the original record without the necessity of ì reproducing parts thereof in any form. (As amended Apr. 1, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. ì July 1, 1986.) CIRCUIT RULE 24-1 EXCERPTS OF RECORD WAIVER Prisoners who have been granted leave to proceed in forma ì pauperis and who are not represented by counsel are relieved of ì the requirement to file excerpts of record. ≡7É3 èCross Reference: Circuit Rule 30-1, Excerpts of Record. FRAP 25 FILING AND SERVICE (a) Filing. Papers required or permitted to be filed in ì a court of appeals shall be filed with the clerk. Filing may be ì accomplished by mail addressed to the clerk, but filing shall not ì be timely unless the papers are received by the clerk within the ì time fixed for filing, except that briefs and appendices shall be ì deemed filed on the day of mailing if the most expeditious form ì of delivery by mail, excepting special delivery, is utilized. If ì a motion requests relief which may be granted by a single judge, ì the judge may permit the motion to be filed with the judge, in ì which event the judge shall note thereon the date of filing and ì shall thereafter transmit it to the clerk. A court of appeals ì may, by local rule, permit papers to be filed by facsimile or ì other electronic means, provided such means are authorized by and ì consistent with standards established by the Judicial Conference ì of the United States. (b) Service of all papers required. Copies of all papers ì filed by any party and not required by these rules to be served ì by the clerk shall, at or before the time of filing, be served by ì a party or person acting for that party on all other parties to ì the appeal or review. Service on a party represented by counsel ì shall be made on counsel. (c) Manner of service. Service may be personal or by ì mail. Personal service includes delivery of the copy to a clerk ì or other responsible person at the office of counsel. Service by ì mail is complete on mailing. (d) Proof of service. Papers presented for filing shall ì contain an acknowledgment of service by the person served or ì proof of service in the form of a statement of the date and ì manner of service and of the names of the person served, ì certified by the person who made service. Proof of service may ì appear on or be affixed to the papers filed. The clerk may ì permit papers to be filed without acknowledgment or proof of ì service but shall require such to be filed promptly thereafter. (As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 30, 1991, eff. ì Dec. 1, 1991.) Cross Reference: FRAP 26(c), Additional Time after Service by ì Mail; FRAP 40(a), Time for Filing Petition for Rehearing. CIRCUIT RULE 25-1 PRINCIPAL OFFICE OF CLERK The principal office of the Clerk shall be in the United ì States Court of Appeals, 121 Spear Street, San Francisco, ≡7É3 ìèCalifornia. The duties of the clerk are set forth in FRAP 45. CIRCUIT RULE 25-2 COMMUNICATIONS TO THE COURT All communications to the court, including papers to be ì filed, shall comply with FRAP 32 and shall be addressed to the ì Clerk at the United States Court of Appeals, Post Office Box ì 193939, San Francisco, California 94119-3939. When it is ì intended that a communication come to the personal attention of a ì judge or judges, sufficient copies, not including the original, ì shall be supplied to the Clerk so that the Clerk can furnish a ì copy to each judge. Cross Reference: Circuit Rules 27-1, 27-2, 27-3, and 27-6, ì Motions Practice; Introduction, Pages xv - xx. CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 25-2 The address for same day or overnight mail delivery is ì Clerk, United States Court of Appeals, 121 Spear Street, San ì Francisco, California 94105. CIRCUIT RULE 25-3 FACSIMILE FILING 25-3.1 Direct Filing. The Court does not accept for filing documents ì transmitted directly by telephone facsimile machine ("fax"), ì except in extreme emergencies. Parties may transmit documents ì directly to the court only upon request and with permission of ì court personnel. Any party who transmits a document to the court ì without authorization may be sanctioned. Any document transmitted directly to the court by fax ì must show service on all other parties by fax or hand delivery, ì unless another form of service is authorized by the court. Unless ì otherwise instructed, the filing party shall assure that a signed ì original and necessary copies are filed in the office of the ì Clerk on or before the next business day. 25-3.2 Third Party Filing. The court accepts for filing documents transmitted to ì third parties by fax and subsequently delivered by hand to the ì court. Documents filed in this fashion must comply with all ì applicable rules, including requirements for service, number of ì copies and colors of covers. The filing party shall designate one copy of the filed ì document as the "fax original." It shall be of laser quality and ≡7É3 ìèshall bear the notation "fax original." Other copies shall not ì bear that notation. A party filing a document by third party fax shall not ì send the signed original of the document to the court. Rather ì the filing party shall retain the signed original in its files ì until issuance of the court's mandate in the case. If a party is ì unable, upon request by the court, to produce the signed original ì of a document that is filed by fax, the document may be stricken ì from the record. FRAP 26 COMPUTATION AND EXTENSION OF TIME (a) Computation of time. In computing any period of time ì prescribed or allowed by these rules, by an order of court, or by ì any applicable statute, the day of the act, event, or default ì from which the designated period of time begins to run shall not ì be included. The last day of the period so computed shall be ì included, unless it is a Saturday, a Sunday, or a legal holiday, ì or when the act to be done is the filing of a paper in court, a ì day on which weather or other conditions have made the office of ì the clerk of the court inaccessible, in which event the period ì runs until the end of the next day which is not one of the ì aforementioned days. When the period of time prescribed or ì allowed is less than 7 days, intermediate Saturdays, Sundays, and ì legal holidays shall be excluded in the computation. As used in ì this rule "legal holiday" includes New Year's Day, Birthday of ì Martin Luther King, Jr., Washington's Birthday, Memorial Day, ì Independence Day, Labor Day, Columbus Day, Veterans Day, ì Thanksgiving Day, Christmas Day, and any other day appointed as a ì holiday by the President or the Congress of the United States. ì It shall also include a day appointed as a holiday by the state ì wherein the district court which rendered the judgment or order ì which is or may be appealed from is situated, or by the state ì wherein the principal office of the clerk of the court of appeals ì in which the appeal is pending is located. (b) Enlargement of time. The court for good cause shown ì may upon motion enlarge the time prescribed by these rules or by ì its order for doing any act, or may permit an act to be done ì after the expiration of such time; but the court may not enlarge ì the time for filing a notice of appeal, a petition for allowance, ì or a petition for permission to appeal. Nor may the court ì enlarge the time prescribed by law for filing a petition to ì enjoin, set aside, suspend, modify, enforce or otherwise review, ì or a notice of appeal from, an order of an administrative agency, ì board, commission or officer of the United States, except as ì specifically authorized by law. (c) Additional time after service by mail. Whenever a ì party is required or permitted to do an act within a prescribed ì period after service of a paper upon that party and the paper is ì served by mail, 3 days shall be added to the prescribed period. ≡7É3 è Updated January 1, 1993 (As amended Mar. 1, 1971, eff. July 1, 1971; Mar. 10, 1986, eff. ì July 1, 1986; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 30, 1991, ì eff. Dec. 1, 1991.) CIRCUIT RULE 26-1 FILING DEADLINES FOR THE DISTRICTS OF GUAM AND THE NORTHERN ì MARIANA ISLANDS Except as provided by order of the court, or by FRAP ì 26(b) and 31, all deadlines for filing set forth in FRAP or these ì rules are extended by 7 days in cases arising from the Districts ì of Guam and the Northern Mariana Islands. FRAP 26.1 CORPORATE DISCLOSURE STATEMENT Any non-governmental corporate party to a civil or ì bankruptcy case or agency review proceeding and any non-ì governmental corporate defendant in a criminal case shall file a ì statement identifying all parent companies, subsidiaries (except ì wholly-owned subsidiaries), and affiliates that have issued ì shares to the public. The statement shall be filed with a ì party's principal brief or upon filing a motion, response, ì petition, or answer in the court of appeals, whichever first ì occurs, unless a local rule requires earlier filing. The ì statement shall be included in front of the table of contents in ì a party's principal brief even if the statement was previously ì filed. FRAP 27 MOTIONS (a) Content of motions; response. Unless another form is ì elsewhere prescribed by these rules, an application for an order ì or other relief shall be made by filing a motion for such order ì or relief with proof of service on all other parties. The motion ì shall contain or be accompanied by any matter required by a ì specific provision of these rules governing such a motion, shall ì state with particularity the grounds on which it is based, and ì shall set forth the order or relief sought. If a motion is ì supported by briefs, affidavits or other papers, they shall be ì served and filed with the motion. Any party may file a response ì in opposition to a motion other than one for a procedural order ì [for which see subdivision (b)] within 7 days after service of ì the motion, but motions authorized by Rules 8, 9, 18 and 41 may ì be acted upon after reasonable notice, and the court may shorten ì or extend the time for responding to any motion. (b) Determination of motions for procedural orders. ì Notwithstanding the provisions of (a) of this Rule 27 as to ≡7É3 ìèmotions generally, motions for procedural orders, including any ì motion under Rule 26(b), may be acted upon at any time, without ì awaiting a response thereto, and pursuant to rule or order of the ì court, motions for specified types of procedural orders may be ì disposed of by the clerk. Any party adversely affected by such ì action may by application to the court request consideration, ì vacation or modification of such action. (c) Power of a single judge to entertain motions. In ì addition to the authority expressly conferred by these rules or ì by law, a single judge of a court of appeals may entertain and ì may grant or deny any request for relief which under these rules ì may properly be sought by motion, except that a single judge may ì not dismiss or otherwise determine an appeal or other proceeding, ì and except that a court of appeals may provide by order or rule ì that any motion or class of motions must be acted upon by the ì court. The action of a single judge may be reviewed by the ì court. (d) Form of papers; number of copies. All papers ì relating to motions may be typewritten. Three copies shall be ì filed with the original, but the court may require that ì additional copies be furnished. CIRCUIT RULE 27-1 FILING OF MOTIONS All motions must be filed with the Clerk in San ì Francisco. Except in cases of emergency motions under Circuit ì Rule 27-3, counsel should not contact a circuit judge regarding ì any motion. Each motion shall contain a clear statement of the ì relief sought. A separate proposed order is not required. Parties shall file an original and 4 copies of motions, ì responses to motions and any supporting papers and appendices. Cross Reference: Circuit Rule 25-2, Communications to the Court. CIRCUIT ADVISORY COMMITTEE NOTE TO CIRCUIT RULE 27-1 (1) Motions Acted on by a Single Judge. Under FRAP ì 27(c), a single judge may grant or deny any motion which by order ì or rule the court has not specifically excluded, but a single ì judge may not dismiss or otherwise effectively determine an ì appeal or other proceeding. Thus, a single judge may not grant ì or deny motions for summary disposition, dismissal, or remand. A ì single judge is not authorized to grant or deny in its entirety a ì motion for stay or injunction pending appeal, but may grant or ì deny temporary relief in emergency situations pending full ì consideration of the motion by a motions panel. (See infra) In ì addition, some types of motions may be ruled on by a single judge ì by virtue of a particular rule or statute. For example, a single ì judge is authorized to grant a certificate of probable cause. ì (See 28 U.S.C. 2253; FRAP 22; Circuit Advisory Committee Note ≡7É3 ìèRegarding Habeas Corpus Procedures, following FRAP 22.) Under procedures adopted by the clerk's office, single-ì judge motions are referred to the duty judge. (See (2) infra.) ì Judges of the court are assigned by the Chief Judge on a rotating ì basis to serve as duty judge. (2) Motions Acted on by Motions Panels (a) Motions Heard by the Motions Panels. The motions ì panel rules on all substantive motions, including motions to ì dismiss, motions for summary affirmance, bail and similar ì motions. (b) Selection of Motions Panels. Judges are assigned to ì the three- judge motions panel on a rotating basis by the clerk ì for a term of one month. The panels are normally composed of ì three circuit judges in active service, but any senior circuit ì judge who is willing to serve may be assigned to the panel. The ì three judges serving on the motions panel rotate as lead judge, ì second judge and third judge. A single motions panel is ì appointed for the entire circuit. (c) Procedures for Disposition of Motions by the Motions ì Panel. All three judges of the motions panel rule on motions ì that are dispositive of the appeal. If the motion is not ì dispositive of the appeal, it is first referred to the lead judge ì and the second judge; if in agreement, they decide the motion. ì The third judge participates only if (i) one of the other members ì of the panel is disqualified or is otherwise unavailable; (ii) ì the other members of the panel disagree on the disposition of a ì motion; or (iii) he or she is requested to participate by the ì other members of the panel. The motions panel sits in San Francisco approximately ì every ten days. Motions are presented orally to the panel by the ì motions attorneys or court law clerks when the panel sits. For ì complex motions, the motions attorneys or court law clerks may ì prepare and transmit to the panel in advance bench memoranda, the ì moving papers and relevant portions of the record. Motions are referred by the clerk's office to the motions ì attorneys, who transmit them to the judges of the motions panel. ì If necessary, emergency motions are acted on by telephone (See ì Cir. R. 27-3 through 27-4 and Advisory Committee Notes thereto). (d) Motions for Bail. Despite the provisions of FRAP ì 27(c), conferring broad powers upon single judges to dispose of ì motions and the power granted "any judge or justice" to grant ì bail or other relief, see 18 U.S.C. 3041, the court has ì determined that in the interest of uniformity, motions for bail ì are neither granted nor denied by one judge. Therefore, it is ì required that motions for bail be routed through the clerk's ì office and considered by a motions panel. (See Cir. R. 9-1.1 ì and 9-1.2 as to the required form and content of motions for bail ≡7É3 ìèpending trial or appeal.) (3) Motions for Clarification, Reconsideration or ì Rehearing. A motion for clarification of an order entered by a ì single judge is referred to that judge. A motion for ì reconsideration or rehearing of an order entered by a single ì judge (including the duty judge) is referred to the current ì motions panel. A motion for clarification, rehearing or reconsideration ì of an order issued by a motions panel is referred to the panel ì that entered the order, unless the case has been assigned to a ì panel on the merits. (In the latter case, the motion is referred ì to the merits panel.) Clarification, reconsideration or rehearing ì of the order of a single judge or a motions panel may be granted ì by the motions panel sua sponte or upon motion filed by a party. Motions for clarification, reconsideration or rehearing ì of a motion are disfavored by the Court and are rarely granted. ì The filing of such motions is discouraged. (See Circuit Rule 27-ì 10 as to time limits on filing motions for reconsideration.) (4) Motions to Expedite Criminal Appeals for Defendants ì Not on Bail. A defendant who is serving a term of confinement ì should consider moving for an expedited briefing schedule ì immediately after the docketing of the notice of appeal in the ì appellate court (1) where defendant contends that the valid ì guideline term of confinement does not extend beyond nine (9) ì months from the filing of the notice of appeal; or (2) where the ì projected release date occurs within nine (9) months from the ì filing of the notice of appeal. The motion should state the status of transcript ì preparation, include a proposed briefing schedule and, if ì possible, indicate the position of opposing counsel on the ì proposed schedule. Upon a showing of good cause, the court may grant motions ì to expedite the appeals of defendants serving of terms of custody ì that exceed nine (9) months. Cross-references: See Advisory Committee Note regarding Habeas ì Corpus procedures See Advisory Committee Note to Rule 27-3 ì regarding emergency motions. CIRCUIT RULE 27-2 MOTIONS FOR STAYS PENDING APPEAL If a district court stays an order or judgment to permit ì application to the Court of Appeals for a stay pending appeal, an ì application for such stay shall be filed in the Court of Appeals ì within 5 days after issuance of the district court's stay. Cross Reference: Circuit Rule 27-3, Emergency Motions; and FRAP ≡7É3 ìè8, Stay or Injunction Pending Appeal. CIRCUIT RULE 27-3 EMERGENCY MOTIONS If a movant certifies that to avoid irreparable harm ì relief is needed in less than 21 days, the motion shall be ì governed by the following requirements: (1) before filing the motion, the movant shall make every ì practicable effort to notify the Clerk and opposing counsel, and ì to serve the motion, at the earliest possible time. (2) the motion shall be filed with the Clerk in San ì Francisco, unless counsel for the movant certifies that relief is ì required on the day the motion is filed or the next day, and that ì counsel has not been dilatory in seeking it. In such case, the ì motion may be filed in a divisional clerk's office or, if there ì is no office in the district, with an individual circuit judge. ì Counsel must also transmit a copy of the motion, by overnight ì mail delivery, to the Clerk in San Francisco. If it appears that same day or next day relief is not ì necessary, or if it appears in a case not involving imminent ì execution of a sentence of death that counsel has been dilatory ì in requesting relief, the moving party will be directed to file ì the motion in San Francisco. (3) Any motion under this Rule shall have a cover page ì bearing the legend "Emergency Motion Under Circuit Rule 27-3" and ì the caption of the case. A certificate of counsel for the movant, entitled ì "Circuit Rule 27-3 Certificate," shall follow the cover page and ì shall contain: (i) The telephone numbers and office addresses of the ì attorneys for the parties; (ii) Facts showing the existence and nature of the ì claimed emergency; and (iii) When and how counsel for the other parties were ì notified and whether they have been served with the motion; or, ì if not notified and served, why that was not done. (4) If the relief sought in the motion was available in ì the district court, the motion shall state whether all grounds ì advanced in support thereof in this court were submitted to the ì district court, and, if not, why the motion should not be ì remanded or denied. CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 27-3 ≡7É3 è (1) Procedures for Motions: When an emergency motion is ì filed with the Clerk in San Francisco, it is immediately referred ì to the appropriate motions unit. A motions attorney will contact ì the lead judge of the motions panel, or, if he or she is ì unavailable, the second judge and then the third judge of the ì motions panel. (See Advisory Committee Note to Rule 27-7.) That ì judge then may either grant temporary relief or convene the ì motions panel (usually by telephone) to decide the motion. When a motion requiring "same day" or "next day" action ì is accepted for filing in a divisional clerk's office pursuant to ì Circuit Rule 27-3(2), that clerk's office will immediately refer ì the motion to the appropriate motions unit or to a member of the ì current motions panel. When a judge at a location in which there is no clerk's ì office is contacted by a party with an emergency motion ì requesting same day or next day relief, and the judge determines ì that action is required that day or the next day, the judge ì shall, if practicable, consult with the lead judge of the motions ì panel. The single judge may either grant or deny temporary ì relief pending full consideration of the motion by a motions ì panel. (2) Emergency Telephone Number. The clerk's office ì provides 24-hour telephone service for calls placed to the main ì clerk's office number, (415) 744- 9800. Messages left at times ì other than regular office hours are recorded and monitored on a ì regular basis by the motions attorneys. Messages should be left only with regard to matters of ì extreme urgency that must be handled by the court before the next ì business day. Callers should make clear the nature of the ì emergency and the reasons why next-business-day treatment is not ì sufficient. CIRCUIT RULE 27-4 EMERGENCY CRIMINAL INTERLOCUTORY APPEALS If emergency treatment is sought for an interlocutory ì criminal appeal, motions for expedition, summary affirmances or ì reversal, or dismissal may be filed pursuant to Circuit Rule 27-ì 3. To avoid delay in the disposition of such motions, counsel ì should include with the motion all material that may bear upon ì the disposition of the appeal, including: a copy of the notice ì of appeal; district court docket sheet, moving papers of the ì parties and any responses thereto filed in the district court; ì the district court's order at issue; information concerning the ì scheduled trial date; information regarding codefendants; and ì information concerning other counts contained in the indictment ì but not in issue. Cross Reference: FRAP 4(b), Appeals in Criminal Cases, FRAP 22, ì Habeas Corpus Proceedings, and Circuit Rules 22-1 to 22-6. ≡7É3 è CIRCUIT RULE 27-5 EMERGENCY MOTIONS FOR STAY OF EXECUTION OF SENTENCE OF DEATH [Abrogated] Cross Reference: Circuit Rules 22-1 to 22-6. CIRCUIT RULE 27-6 NO ORAL ARGUMENT UNLESS OTHERWISE ORDERED Motions may be considered and decided in chambers, and no ì oral argument will be allowed unless requested by the Court. If ì the Court requests oral argument, 15 minutes shall be allowed to ì each side unless otherwise ordered. CIRCUIT RULE 27-7 DELEGATION OF AUTHORITY TO ACT ON MOTIONS With the approval of the Court, the Chief Judge may ì delegate to the Clerk or a designated deputy clerk authority to ì decide unopposed motions that are subject to disposition by a ì single judge and do not dispose of the appeal. The order shall ì be subject to reconsideration by a judge of the Court if ì exception is received within 10 days after it is entered. CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 27-7 (1) Motions Acted on by Clerk's Office Personnel (a) Procedural Motions. All non-dispositive procedural ì motions in appeals or other proceedings that have not yet been ì calendared are acted on by clerk's office personnel under the ì supervision of the duty judge according to guidelines adopted by ì the court. (Once an appeal or other proceeding has been ì calendared to be heard on the merits, all motions, substantive ì and procedural, relating to that proceeding are referred to the ì merits panel.) Clerk's office personnel may act on procedural ì motions whether opposed or unopposed, but if there is any ì question under the guidelines as to what action should be taken ì on the motion, it is referred to the duty judge. Procedural motions that are acted on by clerk's office ì personnel under the supervision of the duty judge include motions ì for extension of time to file a brief, motions to consolidate ì appeals and motions to file a brief exceeding page limits. (b) Orders of Dismissal. The Clerk is authorized to ì enter orders of dismissal in civil cases where the parties to an ì appeal or other proceeding have signed and filed with the Clerk ì an agreement that the proceeding be dismissed, specifying terms ≡7É3 ìèas to the payment of costs. (See FRAP 42(B).) (c) Motions for Clarification, Reconsideration or ì Rehearing. A motion for clarification, reconsideration or ì rehearing of an action taken by clerk's office personnel is ì decided by the duty judge. Opposition to a motion received after ì action has been taken by clerk's office personnel is treated as a ì motion for reconsideration. A motion for reconsideration of a ì prebriefing conference attorney's order is decided by the ì administrative judge for the unit from which the matter arose. CIRCUIT RULE 27-8 REQUIRED RECITALS IN CRIMINAL CASES Every motion in a criminal appeal shall recite any ì previous application for the relief sought and the bail status of ì the defendant. CIRCUIT RULE 27-9 MOTIONS TO DISMISS CRIMINAL APPEALS 27-9.1 Voluntary Dismissals Motions or stipulations for voluntary dismissals of ì criminal appeals shall, if made or joined in by counsel for ì appellant, be accompanied by appellant's written consent thereto, ì or counsel's explanation of why appellant's consent was not ì obtained. Cross Reference: FRAP 42, Voluntary Dismissal. 27-9.2 Involuntary Dismissals ì Motions by appellees for dismissal of criminal appeals, and ì supporting papers, shall be served upon both appellant and ì appellant's counsel, if any. If the ground of such motion is ì failure to prosecute the appeal, appellant's counsel, if any, ì shall respond within 7 days. If appellant's counsel does not ì respond, the clerk will notify the appellant of the court's ì proposed action. If the appeal is dismissed for failure to prosecute, the ì court may impose sanctions on appellant's counsel. Counsel will ì be provided with 10 days notice and an opportunity to respond ì before sanctions are imposed. CIRCUIT RULE 27-10 MOTIONS FOR RECONSIDERATION Unless the time is shortened or enlarged by order of this ì court, a motion for clarification, reconsideration, or rehearing ì of an order entered by a motions panel must be filed within 14 ≡7É3 ìèdays of the date of the order, except a prisoner not represented ì by an attorney shall have 60 days. A party seeking relief under this rule shall state with ì particularity the points of law or fact which, in the opinion of ì the movant, the court has overlooked or misunderstood. Changes ì in legal or factual circumstances which may entitle the movant to ì relief also shall be stated with particularity. No answer to a motion will be filed unless requested by ì the court, but ordinarily the court will not grant a motion ì without such a request. A party may file only one motion for clarification, ì reconsideration or rehearing of an order entered by a motions ì panel. Except by permission of the Court, a motion for ì clarification, reconsideration or rehearing shall not exceed 10 ì pages. CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 27-10 Motions for clarification, reconsideration or rehearing ì are not favored by the Court and should be utilized only where ì counsel believes that the Court has overlooked or misunderstood a ì point of law or fact, or where there is a change in legal or ì factual circumstances after the order which would entitle the ì movant to relief. Motions for clarification, reconsideration or rehearing ì of orders issued pursuant to FRAP 27(b) and Ninth Circuit Rule ì 27-7 are subject to the reconsideration provisions of Ninth ì Circuit Rule 27-7.