Filing for People Without an Attorney
Learn about the Ninth Circuit Court of Appeals and how to represent yourself in a case before the court.
The Ninth Circuit Court of Appeals is a federal court that reviews cases from lower courts and government agencies. It doesn’t hold new trials—it checks to see if the law was followed correctly.
Representing Yourself in an Appeal
If you are representing yourself in a case in the U.S. Court of Appeals for the Ninth Circuit, you’re a “pro-se litigant”. If you start an appeal as a pro se litigant, you must be prepared to handle it on your own.
If you’re hoping that the court will appoint an attorney, you should know that the Constitution gives a right to an attorney only in defendants in criminal cases. However, in some civil cases the court may appoint an attorney who works for free (pro bono”).
FAQs
Cases in the Ninth Circuit
Appeals
Federal district court appeals to review final decisions of the 15 federal district courts (trial courts) that make up the "Ninth Circuit".
Bankruptcy cases to review final decisions made by lower courts in the Ninth Circuit.
Tax cases to review final decisions of the United States Tax Court.
Petitions for Review
Agency decisions
Unlike most federal agency decisions that are reviewed in district court first, some federal agency decisions—like about immigration decisions, environmental laws, or labor laws are reviewable in this court by a petition for review, to decide whether that agency decision followed the law.
Habeas corpus cases
These are requests from people in prison who say their federal rights were violated in their criminal trial or sentencing, and they want the federal courts to review it.
Writ petitions (like mandamus)
Sometimes, people ask the Ninth Circuit to order a federal district court or agency to do something they believe is legally required—even though the Ninth Circuit would normally review the case only after the district court or agency makes a final decision.
Keep reading below to learn how to file, how much it costs, and other key information about these kinds of cases.
The Ninth Circuit covers the following states and territories: Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, and Washington. A map of the geographical area is available here.
Filing
You don’t need any special permission to register for E-filing. Learn more about about how to register for E-filing.
No. After you file your notice of appeal or petition for review, you will get a new Ninth Circuit case number.
For appeals from district court, Bankruptcy Appellate Panel (BAP), or Tax Court cases
To start an appeal, you must file a notice of appeal. This is a paper that tells the court:
Who you are
What decision you are appealing
The case number from your lower court
You must file the notice of appeal in the lower court where your case started — not in the Ninth Circuit. You can use Form 1, Form 2, or Form 5, depending on the court.
After you file the notice of appeal, the lower court will tell the Ninth Circuit. The Ninth Circuit will then open a new case and send you your new case number and more information.
The fee to file an appeal is $605. Where you pay depends on where your appeal is from:
If your appeal is from a district court, pay the $605 to the district court
If your appeal is from the tax court, pay the $605 to the tax court
If your appeal is from the Bankruptcy Appellate Panel (BAP), pay the $605 to the Ninth Circuit
If you cannot afford to pay the fee, you can ask the court to waive it. To do this, file a motion to proceed in forma pauperis. This means you are asking to file without paying because you cannot afford it.
You may use Form 4 or a similar form. Either the district court or the Court of Appeals can approve your request.
For Federal agency decisions, including Board of Immigration appeals
Most agency decisions must first be challenged in the federal district court (like social security determinations).
If you want to appeal a decision made by a federal agency that does not require district court review first — like the Board of Immigration Appeals (BIA) — you need to file a petition for review in the Ninth Circuit.
You may use Form 3 to help you write your petition.
Your petition must include:
Your name
The agency’s name
The date of the decision
A copy of the decision
A short statement saying what decision you are asking the court to review
The filing fee for a petition for review is $600. You pay this fee to the Ninth Circuit. You can pay by check or money order, made out to “US Courts.”
If you can’t afford the fee, you can ask the court to waive it. To do that, file a motion to proceed in forma pauperis (which means “without paying”). You can use Form 4 to request this.
For habeas corpus petitions
You must first file and get a decision on these cases in the district court before you can appeal to this court. The only exception is if you already had a federal habeas case and appeal and are now asking the Ninth Circuit for permission to file a second or successive habeas petition in the district court.
Clearly explain why your new claims were not raised in your first petition and include any new evidence or legal basis. Include copies of prior court decisions and any supporting documentation.
If you have already filed a federal habeas petition about the same conviction or sentence and it was denied or dismissed with prejudice, use Form 12 to file a motion with the Ninth Circuit.
There is no filing fee for an application to file a second or successive habeas petition.
For original actions, such as a writ of mandamus in the Ninth Circuit
A petition for a writ of mandamus is a special request asking the court of appeals to step in and fix something right away because there is no order that can be appealed yet. It is only granted in very rare situations and can only challenge rulings of a federal district court or agency.
There is no official form for a petition for a writ of mandamus. If you are filing this kind of petition, you are the "petitioner." The "respondent" is the federal district court or agency that made the decision you disagree with. There may also be a "real party of interest"—this is the party or parties on the other side of your case in the lower court.
You must file your petition in person or by U.S. Mail. You cannot submit it electronically through E-Filing or this website.
In your petition, include:
Your name and contact information
The name of the respondent federal court or agency
• The name of the real party of interest. A real party of interest is the person or group on the other side of your case in the lower court.
The case number from the lower court or agency (if there is one)
What you want the Ninth Circuit to do
Why the Ninth Circuit should do it
The filing fee for a petition for review is $600. You pay this fee to the Ninth Circuit. You can pay by check or money order, made out to “US Courts.”
If you can’t afford the fee, you can ask the court to waive it. To do that, file a motion to proceed in forma pauperis (which means “without paying”). You can use Form 4 to request this.
Common forms
Form 1. Notice of Appeal from a Judgment or Order of a United States District Court
Use Form 1 to appeal a District Court judgment or order.
Form 2. Notice of Appeal from a Decision of the United States Tax Court
Use Form 2 to appeal a Tax Court decision.
Form 3. Demo Notice of Appeal from a Judgment or Order of a United States District Court
Use Form 3 to ask the Court to review an Agency, Board, Commission, or Officer order (this includes a decision from the Board of Immigration Appeals).
Form 5. Demo Notice of Appeal from a Judgment or Order of a United States District Court
Use Form 5 to appeal a Bankruptcy Appellate Panel judgment or order.
Form 6. Representation Statement
Use Form 6 to notify the Court who the parties and attorneys are for an appeal at the same time you file your notice of appeal.
Form 8. Certificate of Compliance for Briefs
Use Form 8 to certify that your brief's word count complies with the Court's length limit.
Pro se litigants: use Form 12 to ask permission to file a second or successive habeas corpus petition or motion.
Form 13. Streamlined Request for Extension of Fime to File Brief
Pro se litigants: if you file only in paper, use Form 13 to request a first extension of time to file a brief, up to 30 days.
Form 14. Motion for Extension of Time
Use Form 14 to request an extension of time to file document other than a brief or to file a brief when a streamlined extension is unavailable (such as a request of more than 30 days).