Circuit Rule 25-2: Communications to the Court

All communications to the Court shall be in writing unless otherwise permitted by these rules. All communications to the Court shall comply with FRAP 32 and shall be filed electronically unless (1) counsel has been granted an exemption from electronic filing under FRAP 25(a)(2)(D); (2) the filer is a pro se party; or (3) the document is excluded from the electronic filing requirement by the Court’s orders and/or rules. (Rev. 12/1/09)

If a paper document is to be submitted, the document shall be addressed to the Clerk at the United States Court of Appeals. Documents transmitted via commercial carrier shall be directed to the Court at 95 Seventh Street, San Francisco, CA 94103-1526; documents transmitted via the United States Postal Service shall be directed to Post Office Box 193939, San Francisco, CA 94119-3939. (Rev. 12/1/09)

Parties and counsel shall not submit filings directly to any particular judge.

If adverse weather or other exceptional conditions render the San Francisco Clerk’s Office inaccessible, the Court may by special order permit parties to submit paper documents to the Court’s divisional offices. (Rev. 12/1/09)

Circuit Advisory Committee Note to Rule 25-2

Litigants are reminded that a commercial carrier’s failure to deliver a document within the anticipated interval does not excuse the failure to meet a mandatory and jurisdictional deadline. Magtanong v. Gonzales, 494 F.3d 1190, 1191 (9th Cir. 2007). (Rev. 12/1/09)

Notice of Delay: If an appeal or petition has been pending before the Court for any period in excess of those set forth below, the party is encouraged to communicate this fact to the Court. Such notice can be accomplished by a letter to the Clerk identifying the case and the nature of the delay. Generally, such a letter would be appropriate if:

(1) a motion has been pending for longer than 4 months;

(2) the parties have not received notice of oral argument or submission on the briefs within 15 months after the completion of briefing;

(3) a decision on the merits has not been issued within 9 months after submission;

(4) the mandate has not issued within 28 days after the time to file a petition for rehearing has expired; or

(5) a petition for rehearing has been pending for longer than 6 months.

Litigants are advised that the complexity of a given matter may preclude court action within the noted time period. (New 1/01; Rev 3/1/21)