General Order 6.6: Recalcitrant Witness Appeals
Circuit Rules and General Orders of the Ninth Circuit — General Orders — Chapter VI: Motions & Screening Cases
Upon receipt of a notice of appeal in which review is sought under 28 U.S.C. § 1826, the Clerk shall docket the appeal and immediately deliver the notice of appeal to the motions unit. A motions attorney shall immediately review the notice of appeal to ascertain whether the appeal properly falls within the purview of 28 U.S.C. § 1826.
If the appeal is within the purview of section 1826, the motions attorney shall immediately notify the presiding judge on the motions panel that is scheduled to sit on the thirtieth day after the notice of appeal was filed. The presiding judge, with the assistance of the motions attorney, shall establish a briefing schedule that will assure that the appeal can be decided within 30 days of the filing of the notice of appeal. That panel shall hear and decide the appeal regardless of whether a motion for extension of time beyond the 30-day period is granted. (Rev. 9/17/14)