Circuit Rule 27-1: Filing of Motions

(1) Form and Length of Motions

(a) [Abrogated 7/1/06]

(b) If electronic filing of the motion, response or reply is not required, the Court requires an original of that filing. The Clerk may direct a party to submit additional paper copies of a motion, response and/or reply when paper copies would aid the Court’s review of the motion. (Rev. 7/1/02; 12/1/09)

(c) The provisions of FRAP 27(d)(1) otherwise govern the format of motions. (New 1/1/06)

(d) Except by permission of the Court, a motion or a response to a motion may not exceed 20 pages. A reply to a response may not exceed 10 pages. The documents listed at FRAP 27(a)(2)(B) and 32(f) are excluded from the length limit calculation. (New 12/1/16)

(2) Position of Opposing Counsel

If counsel for the moving party learns that a motion is unopposed, counsel shall so advise the Court. (Eff. 1/1/99)

(3) Relief Needed by Date Certain

If a motion requests relief by a date certain to avoid irreparable harm, the motion must specify that date in bold on the caption page. If the requested date is justified in the motion, the Court will make every effort to rule on the motion by that date. (New 12/1/19)

Circuit Advisory Committee Note to Rule 27-1

(Rev. 1/1/11)

(1) Table of Contents/Table of Authorities. When filing lengthy motions or responses to motions (more than 10 pages or 2500 words), it is helpful to the Court and opposing parties if the filer includes a table of contents and a table of authorities. Those tables will not be included in the word count limits applicable to motions. (New 12/1/25)

(2) Motions Acted on by the Appellate Commissioner. The Appellate Commissioner is an officer appointed by the Court. The Court has delegated broad authority under FRAP 27(b) to the Appellate Commissioner to review a wide variety of motions, e.g., appointment, substitution, and withdrawal of counsel and motions for reinstatement. The Appellate Commissioner may deny a motion for dispositive relief, but may not grant such a request other than those filed under FRAP 42(b).

(2) Motions Acted on by a Single Judge. Under FRAP 27(c), a single judge may grant or deny any motion which by order or rule the Court has not specifically excluded, but a single judge may not dismiss or otherwise effectively determine an appeal or other proceeding. Thus, a single judge may not grant motions for summary disposition, dismissal, or remand. A single judge may grant or deny temporary relief in emergency situations pending full consideration of the motion by a motions panel. In addition, some types of motions may be ruled on by a single judge by virtue of a particular rule or statute.

(3) Motions Acted on by Motions Panels.

(a) Motions Heard by the Motions Panels. The motions panel shall rule on substantive motions, including motions to dismiss, for summary affirmance, and similar motions. The Court has determined that in the interest of uniformity, motions for bail are considered by a three-judge motions panel.

(b) Selection of Motions Panels. Judges are ordinarily assigned to the three-judge motions panel on a rotating basis by the Clerk for a term of one month. A single motions panel is appointed for the entire circuit.

(c) Procedures for Disposition of Motions by the Motions Panel. All three judges of the motions panel participate in ruling on motions that dispose of the appeal. Other substantive motions are presented to two judges; if in agreement, they ordinarily decide the motion. The third judge participates only if

(i) one of the other members of the panel is disqualified or is otherwise unavailable; or

(ii) the other members of the panel disagree on the disposition of a motion or he or she is requested to participate by the other members of the panel. A motions panel sits in San Francisco for several days each month. If necessary, emergency motions are acted on by telephone. (See Cir. R. 27-3 through 27-4 and Advisory Committee Notes thereto.) (Rev. 12/1/09)

(4) Motions for Clarification, Reconsideration or Modification. Motions for clarification, reconsideration or modification of an order deciding a motion are disfavored by the Court and are rarely granted. The filing of such motions is discouraged. (See Circuit Rule 27-10 as to time limits on filing motions for reconsideration.) (Rev. 7/95, 7/98)

(5) Position of Opposing Counsel. Unless precluded by extreme time urgency, counsel are to make every attempt to contact opposing counsel before filing any motion and to either inform the Court of the position of opposing counsel or provide an explanation regarding the efforts made to obtain that position.

(6) Request to Amend the Briefing Schedule. A party may request modification of the briefing schedule in conjunction with any request for other relief. The request for modification of the briefing schedule should be included in the legend as well as the body of the motion for other relief. (New Note 7/1/2000)

(7) Requests for Judicial Notice. Requests for judicial notice and responses thereto filed during the pendency of the case are retained for review by the panel that will consider the merits of a case. The parties may refer to the materials the request addresses with the understanding that the Court may strike such references and related arguments if it declines to grant the request.