Circuit Rule 11-4: Retention of Physical Exhibits in the District Court, Transmittal of Clerk’s Record on Request
Circuit Rules and General Orders of the Ninth Circuit — Title II. Appeal from a Judgment or Order of a District Court
11-4.1. Retention of Clerk’s Record in the District Court
[Abrogated 12/1/09]
11-4.2. Retention of Physical Exhibits in the District Court
For any exhibits not otherwise available on the electronic district court docket, all physical and documentary exhibits in all cases shall be retained in the district court until the mandate issues unless requested by the Court of Appeals. (Rev. 12/1/09; 6/1/19)
11-4.3. Transmittal of Reporter’s Transcript
[Abrogated 12/1/09]
11-4.4. Transmittal of Clerk’s Record Upon Requests
When the Court of Appeals at any time requires all or part of the clerk’s record, the Clerk of the Court of Appeals will request the record from the district court. The district court clerk shall transmit the record, including agency records lodged or filed with the district court during the district court proceedings, to the Court within 7 days of receiving the request. In appeals from the Bankruptcy Appellate Panel, records will be treated in the same fashion as records on appeal in cases arising from the district court. (Rev. 12/1/09; Rev. 7/1/13)
The district court shall within 7 days after a notice of appeal is filed transmit any state court records lodged or filed in 28 U.S.C. § 2254 proceedings to this Court unless the documents are available in the district court’s electronic case file or the district court determines that the notice of appeal was prematurely filed. (New 7/1/13)