General Order 12.10: Communication From Other Courts Regarding Cases
Circuit Rules and General Orders of the Ninth Circuit — General Orders — Chapter XII: Miscellaneous Provisions
a. Communications Regarding Dispositions and Extraordinary
Writs
When a district judge, magistrate judge, bankruptcy appellate panel judge or bankruptcy judge is aware of a mistake in a disposition by this Court involving an appeal from that judge’s decision, has reason to believe that the affected parties may not point out the mistake, and believes that justice will be disserved if the mistake is not corrected, the judge may bring the mistake to the attention of this Court by way of a letter addressed to the Clerk of Court. The Clerk shall distribute the letter to the members of the panel or as is otherwise appropriate. The judge shall provide copies of the letter to all parties to the appeal. (Rev. 12/13/10)
When a district judge, magistrate judge, bankruptcy appellate panel judge or bankruptcy judge wishes to comment on a pending petition for a writ of mandamus or other extraordinary relief that arises out of that judge’s cases prior to the entry of an order requiring a response, the judge may send a letter to the Clerk of Court for distribution to the panel that will review the petition. The judge shall provide copies to the parties. (Rev. 12/13/10)
b. Petitions for Rehearing
When a district judge, magistrate judge, bankruptcy appellate panel judge or bankruptcy judge wishes to comment formally on a filed disposition before the mandate has issued, the judge may send a written communication to the Clerk of Court. The Clerk shall file the communication and distribute it to the panel before whom the petition for rehearing is pending, and, if there is a pending petition for rehearing en banc, to all judges on the Court. The judge shall provide copies of the letter to all parties to the appeal. (Rev. 12/13/10)
c. Closed Cases
When a district judge, magistrate judge, bankruptcy appellate panel judge or bankruptcy judge wishes to comment formally to the Court of Appeals on a decision or other matter that is no longer pending, the judge shall send a written communication to the Clerk of Court. The Clerk shall distribute the communication to all judges on the Court of Appeals. This does not restrict other informal comments on closed cases which are otherwise permitted. (Rev. 12/13/10)