Motions

If have a case in this court and you want the court to do something, you need to file a written request (motion) in your case. The court usually will not act on phone calls or emails alone.

Motions must follow the rules. Read the general rules about motions (Federal Rule of Appellate Procedure 27 and Ninth Circuit Rule 27) (PDF) before you file.

The Appellate Practice Guide (PDF) has guidance about how to file a motion correctly.

You can also find forms for common motions on our website.

Timeline

When you file a motion, you must tell the court if the other side agrees or disagrees with your request.

Unless the court sets a different schedule:

• The response is due 10 days after the motion is served.

• A reply is due 7 days after the response is served.

Sometimes the court decides a motion without waiting for a response. When the court makes a decision, it will send a notice. You can also check for updates in your case through PACER.

Briefing Schedules

If you file certain motions, the due dates for briefs are paused. This includes motions:

• to dismiss

• to transfer

• to remand

• to proceed in forma pauperis

• to get transcripts at government expense

• to appoint or withdraw counsel

• for summary decision (though there’s no need to ask to pause the briefing separately for these)

After the court decides any of these motions, it will set a new briefing schedule if needed.

Emergencies

An emergency motion is a request where you need a decision within 21 days to avoid serious harm. Only big requests like asking the court to stop something right away count as emergencies. Smaller requests, like more time to file, are not emergencies.

Before you file an emergency motion, you must first open your case by filing a notice of appeal or an original action.

To file an emergency motion:

1) Follow the regular motion rules and also include a Rule 27-3 Certificate. This certificate explains:

• What the emergency is

• What steps you’ve taken to address it

• Why you need fast action

2) You must also contact the court directly. Email Emergency@ca9.uscourts.gov  or call (415) 355-8020 and leave a voicemail. In your message, include:

• Your case number

• The date you filed or will file your motion

• What you’re asking the court to do

• When you need a decision

The court checks messages during business hours (8:30 a.m. to 5:00 p.m. Monday through Friday). It also looks at messages after hours, on weekends, and on holidays. But you won’t get a reply outside business hours unless the court decides it’s needed.

Specific Motions

Motion to Expedite

In some cases, the court can move faster to avoid serious harm or prevent a case from becoming pointless. File your motion as early as possible and explain:

• when you need a decision

• why a delay would cause harm

Keep in mind that the court needs time to review and decide the case after briefing ends.

Motion to Extend Time

You usually get one automatic extension of up to 30 days for briefs. This doesn't apply to all case types, so check the rules. If you can’t get an automatic extension, you’ll need to file a more formal request.

If you ask for more time, explain why the current due date doesn’t work.

If the court hasn’t decided by your due date, plan to file your document by that date. Even if the full extension isn’t granted, the court usually gives some extra time.

Relevant Rules and Orders

• Federal Rule of Appellate Procedure 27 and Ninth Circuit Rule 27 (PDF) explain the general rules for motions.

• Ninth Circuit Rule 31 explains the extension of time for briefs.

Help with Motions

The Appellate Practice Guide (PDF) contains details about motions and how to file them. If you don't find what you're looking for there, you can contact the court directly.

• For new cases or general questions, email Questions@ca9.uscourts.gov

• For questions about a motion, email Motions@ca9.uscourts.gov

Include:

• Your case number

• When you filed (or will file) the motion

• What you're asking the court to do

• When you need a decision

We check messages during court business hours:
Monday through Friday, 8:30 a.m. to 5:00 p.m. Pacific Time.