Circuit Rule 3-1: Filing the Appeal
Circuit Rules and General Orders of the Ninth Circuit — Title II. Appeal from a Judgment or Order of a District Court
In appeals from the district court, appellant’s counsel shall simultaneously submit to the clerk of the district court the notice of appeal, the filing fee, and the appellate docket fee. In appeals from the Tax Court, the notice of appeal and fees shall be submitted to the Clerk of the Tax Court. In appeals from the bankruptcy appellate panel, the notice of appeal shall be submitted to the Clerk of the bankruptcy appellate panel and the fees shall be submitted to the Clerk of the Court of Appeals. Petitions for review and applications to enforce federal agency orders, and fees for those petitions and applications, shall be submitted to the Clerk of the Court of Appeals. If the fees are not paid promptly, the Court of Appeals Clerk will dismiss the case after transmitting a warning notice. (Rev. 12/1/09; 12/1/22)
The above rules are subject to several exceptions. The docket fee need not be paid upon filing the notice of appeal when: (a) the district court or this Court has granted in forma pauperis or Criminal Justice Act status; (b) an application for in forma pauperis relief or for a certificate of appealability is pending; or (c) the appellant, e.g., the Government, is exempt by statute from paying the fee. Counsel shall advise the Clerk at the time the notice of appeal is filed if one of these conditions exists. (See FRAP 24 regarding appeals in forma pauperis.) If a party has filed a petition for permission to appeal pursuant to FRAP 5, the filing fee and docket fee will become due in the district court upon an order of this Court granting permission to appeal. A notice of appeal need not be filed. (See FRAP 5.) (Rev. 12/1/09)