General Order 6.1: Definitions
Circuit Rules and General Orders of the Ninth Circuit — General Orders — Chapter VI: Motions & Screening Cases
For purposes of these General Orders:
a. Motion
- means an application to the Court, or a member thereof, for procedural, summary, or discretionary relief. It includes, without limitation, a petition for writ of mandamus or prohibition; a petition for permission to take an interlocutory appeal; an application for stay or application for injunction; an application for permission to file a second or successive habeas corpus petition; an appeal from the grant or denial of bail or change of conditions of bail pending trial; a motion for bail pending appeal; an application for a certificate of appealability; an application for summary affirmance or application for summary reversal; an application for leave to proceed on appeal in forma pauperis or for appointment of counsel; an application for extension of time to take any action required or permitted by law; certain fee vouchers; and Court initiated proceedings, such as disciplinary and dismissal matters. (Rev. 9/17/14)
b. Criminal Motion (Abrogated 9/17/14)
c. Civil Motion (Abrogated 9/17/14)
d. Motions Attorney
- means any staff attorney assigned to the processing of substantive motions for disposition by the Court. (Rev. 9/17/14)
e. (Abrogated 12/13/10)
f. Procedural Motion
- means a motion that may be disposed of by the Clerk as specified in detail in Appendix A to these General Orders. (Rev. 9/17/14)
g. Designated Deputy Clerk (Abrogated 9/17/14)
h. Emergency Motion
- means a motion requesting action in 21 days or less, or any other motion which in the Court's judgment requires immediate consideration.
i. Oral Screening Calendar
- means a calendar consisting of cases deemed suitable for submission without oral argument that are presented orally to a three-judge screening panel.
j. Written Screening Calendar
- means a calendar consisting of cases deemed suitable for submission without oral argument that are submitted to a three-judge screening panel. (Rev. 7/1/03)
k. COA Calendar
- means a calendar consisting of requests for certificates of appealability and any motions for reconsideration of orders entered by previous COA panels. (New 7/1/03; Rev. 9/17/14)
l. Motions Calendar
- means a calendar consisting of substantive motions and original petitions requiring 2 or 3 judges in cases not assigned to a merits panel. (New 9/17/14)