Circuit Rule 27-9: Motions to Dismiss Criminal Appeals
Circuit Rules and General Orders of the Ninth Circuit — Title VII. General Provisions
27-9.1. Voluntary Dismissals
Motions or stipulations for voluntary dismissals of criminal appeals shall, if made or joined in by counsel for appellant, be accompanied by appellant’s written consent thereto, or counsel’s explanation of why appellant’s consent was not obtained.
27-9.2. Involuntary Dismissals
Motions by appellees for dismissal of criminal appeals, and supporting papers, shall be served upon both appellant and appellant’s counsel, if any. If the ground of such motion is failure to prosecute the appeal, appellant’s counsel, if any, shall respond within 10 days. If appellant’s counsel does not respond, the clerk will notify the appellant of the Court’s proposed action. (Rev. 12/1/09)
If the appeal is dismissed for failure to prosecute, the Court may impose sanctions on appellant’s counsel. Counsel will be provided with 14 days notice and an opportunity to respond before sanctions are imposed.