Circuit Rule 27-3: Emergency Motions

If a movant needs relief within 21 days to avoid irreparable harm, the movant must:

(a) make every practicable effort to notify the Court and opposing counsel, and to serve the motion, at the earliest possible time;

(b) clearly state on the caption page of the motion the date by which relief is needed under the legend “Emergency Motion Under Circuit Rule 27-3;” and

(c) submit a Certificate prepared by counsel (or by the unrepresented movant), entitled “Circuit Rule 27-3 Certificate.” A sample Certificate is available on the Court’s website at Form 16. The Certificate must follow the caption page and must:

(i) contain the names, telephone numbers, e-mail addresses, and office addresses of the attorneys for all parties;

(ii) state the facts showing the existence and nature of the claimed emergency;

(iii) explain why the motion could not have been filed earlier;

(iv) state when and how the movant did or will give notice to, and serve the motion on, counsel for the other parties or on any unrepresented parties, and if known – what the other parties’ positions are on the motion; and

(v) explain whether the relief sought in the motion was first sought in the district court or agency, and if not, why the motion should not be remanded or denied.

The motion must otherwise comport with FRAP 27. (New 7/1/00; Rev. 12/1/09; 12/1/19)

Circuit Advisory Committee Note to Rule 27-3

If irreparable harm will occur within 21 days absent relief, the movant must contact the Court’s emergency motions unit via email ([email protected]) or telephone (415.355.8020) before or upon filing the motion.

This rule is meant for parties facing significant harm, e.g., imminent removal, not for parties seeking procedural relief, e.g. more time to file a brief. (Rev. 12/1/09; 12/1/19)