Circuit Rule 21-5: Petition for Writ of Mandamus Pursuant to 18 U.S.C. § 3771(d)(3)
Circuit Rules and General Orders of the Ninth Circuit — Title V. Extraordinary Writs
A petition for writ of mandamus filed pursuant to 18 U.S.C. § 3771(d)(3) shall bear the caption “PETITION FOR WRIT OF MANDAMUS PURSUANT TO 18 U.S.C. § 3771(d)(3).” Before filing such a petition, the petitioner’s counsel, or the petitioner if appearing pro se, must notify the motions unit of the Court of Appeals that such a petition will be filed, and must make arrangements for the filing and immediate service of the petition on the relevant parties. Such notification must be by telephone (415/355-8020 or 8000). The real party in interest must telephonically notify the Court when it becomes aware of the filing of the petition. (Rev. 1/1/07)
Notes
Circuit Advisory Committee Note to Rule 21-5
A failure to notify this Court ahead of time that such a filing is being made will adversely affect this Court’s ability to decide any such petition with 72 hours of filing as contemplated by the statute. (Rev. 1/1/07)