General Order 6.5: Screening Calendars

a. Selection and Criteria of Cases for Screening Calendars

Cases that are eligible for submission without oral argument under FRAP 34(a) may be assigned to screening calendars by the Clerk’s Office. Additionally, they should meet all of the following criteria: (Rev. 9/17/14)

(1) The result is clear.

(2) The applicable law is established in the Ninth Circuit based on circuit or Supreme Court precedent.

After the Clerk assigns a case to the screening calendar, the Clerk's Office forwards the case materials to the staff attorneys. The staff attorneys then place each screening case on either an oral screening calendar or a written screening calendar. (Rev. 7/1/02; 7/1/03)

b. Oral Screening Panel Presentations

1. Disposition of Cases

The staff attorneys shall prepare proposed memorandum dispositions for the cases that they place on the oral screening calendars. An authoring judge will be designated for each case presented to the oral screening panel, and the writing assignment will rotate among the 3 panel members.

The staff attorneys shall orally present the proposed dispositions to the screening panels at periodically scheduled sessions. After the staff attorneys have presented each case, the panel members discuss the proposed disposition and make any necessary revisions. If the 3 panel members unanimously agree with the disposition, the designated authoring judge shall direct the presenting attorney to certify the proposed disposition for filing pursuant to G.O. 6.9. (Rev. 1/1/00)

Disposition of cases and/or motions presented at the oral screening panel ordinarily will be by unpublished memorandum or order. If, in the judgment of a panel, a decision warrants publication, the resulting order or opinion shall be included in the daily pre-publication report and specifically flagged as a decision arising from an oral screening panel. (Rev. 7/1/02; 1/1/07; 9/17/14)

2. Rejection of Cases

All 3 judges must agree that the case is suitable for the screening program before a case is disposed of by a screening panel. Any one judge may reject a case from screening. Judges normally shall reject any case that does not meet the screening criteria, as outlined above in G.O. 6.5.a. (Rev. 12/13/10)

If a case is rejected from screening, it shall be scheduled on the next available argument calendar. The proposed disposition and the rejecting judge's reasons for rejecting the case shall be sent to the Calendar Unit for forwarding to the oral argument panel assigned to the case. (Rev. 12/13/10)

3. Petitions for Rehearing

The Clerk shall forward each petition for rehearing in any case disposed of by an oral screening panel to the appropriate staff attorney. If a petition for rehearing en banc is filed in any case disposed of at an oral screening panel, the relevant procedures set forth in Chapter V shall apply. (Rev. 3/24/04; 9/17/14)

c. Written Screening Panels

When a written screening panel indicates that it is ready for case assignments, staff shall send the requested number of cases taken from the cases designated as those eligible for screening pursuant to G.O. 6.5(a). The authoring judge is responsible for forwarding the written disposition to the Clerk’s Office for filing. (Rev. 7/1/03; 9/17/14)

1. Rejection by Judges

Any one judge may reject a case from the written screening calendar. Judges shall reject any case that does not meet the screening criteria, as outlined above in G.O. 6.5.a. If a case is rejected, a replacement case will be sent by staff. If a case is rejected from the written screening calendar, it shall be scheduled on the next available argument calendar. The draft disposition, and the rejecting judge’s reasons for rejecting the case, along with any bench memorandum, shall be sent to the Calendar Unit for forwarding to the oral argument panel assigned to the case. (Rev. 7/1/03)

2. Dispositions

Dispositions ordinarily will be by memorandum. If the panel has not issued a separate order submitting the case, a footnote should be included in the disposition indicating that the panel unanimously agrees that the case should be submitted on the briefs pursuant to FRAP 34(a). (Rev. 7/1/02; 7/1/03; 9/17/14)

d. Written Screening Calendars (Abrogated 3/24/04)