General Order 4.5: Filing of Dispositions

a. Majority, Concurring, and Dissenting Dispositions

Except for decisions from the bench, the determination of each appeal, administrative review proceeding, and original writ proceeding shall be evidenced by a written disposition concurred in by a majority of the panel assigned to act thereon. The disposition shall indicate the district court or agency and Court of Appeals docket numbers, district judge whose decision is being appealed, date and city of argument, date of submission to the panel, and filing date. The majority disposition shall be certified by one of the members as having been concurred in by such members. Any separate concurring or dissenting disposition shall be certified by the author or by one of the members of the panel as having been prepared by the author thereof. (Rev. 12/13/10)

When 2 judges of a panel have concurred in a written disposition but the third judge has neither agreed nor circulated a dissent or concurrence within 60 days after notice of the concurrence and circulation of the proposed disposition in its final form, the author shall submit the disposition to the Clerk and send a copy of the covering memorandum to the third member. Ten days after receipt, the Clerk shall file the disposition with a notation that the third judge may file a separate statement at a later date. The author, with the concurrence of the second judge, may grant the request of the third judge to delay filing for a period of 14 days or for a longer period if the third judge cites extraordinary circumstances or the complexity of the case. (Rev. 12/13/10)

b. Rule 36 - Notation on Memoranda Dispositions

All memoranda dispositions shall contain the following notation:

This disposition is not appropriate for publication and is not

precedent except as provided by Ninth Circuit Rule 36-3.

(Rev. 12/13/10)

c. Electronic Transmission of Dispositions

The authoring judge shall transmit the disposition electronically to the Opinions Clerk or the Memoranda Clerk, respectively. (Rev. 1/1/06; 12/13/10; 9/17/14)

d. Temporary Hold

The authoring judge may request that the Clerk of the Court temporarily withhold filing of an opinion, order, or memorandum disposition. (Rev. 9/17/14)

e. Costs

In every disposition in a civil or agency case where the panel wishes to depart from the presumptive entitlements set forth at FRAP 39(a), the disposition shall indicate in its text or in a separate order which party or parties shall bear the costs. See FRAP 39.

The authoring judge, or the presiding judge if the author is not a member of the Court, shall be responsible for motions for reconsideration of the Clerk’s orders pertaining to cost bills that are entered under Circuit Rule 39-1.5 and G.O. 6.3.a. The Clerk may refer a motion and proposed order to the authoring judge, or the presiding judge if the author is not a member of the Court, when the motion presents an issue other than technical application of FRAP 39 and Circuit Rule 39-

1. (New 7/1/02; Rev. 9/17/14; 3/20/24, effective 12/1/25)