Circuit Rule 3-3: Preliminary Injunction Appeals
Circuit Rules and General Orders of the Ninth Circuit — Title II. Appeal from a Judgment or Order of a District Court
(a) Every notice of appeal from an interlocutory order (i) granting, continuing, modifying, refusing or dissolving a preliminary injunction or (ii) refusing to dissolve or modify a preliminary injunction shall bear the caption “PRELIMINARY INJUNCTION APPEAL.” Immediately upon filing, the notice of appeal must be transmitted by the district court clerk’s office to the Court of Appeals clerk’s office. (Rev. 12/1/09)
(b) Within 7 days of filing a notice of appeal from an order specified in subparagraph (a), the parties shall arrange for expedited preparation by the district court reporter of all portions of the official transcript of oral proceedings in the district court which the parties desire to be included in the record on appeal. Unless otherwise established by Court order in a particular case, the following briefing deadlines will apply: Within 28 days of the docketing in the district court of a notice of appeal from an order specified in subparagraph (a), the appellant shall file an opening brief and excerpts of record. Appellee’s brief and any supplemental excerpts of record shall be filed within 28 days of service of appellant’s opening brief. Appellant may file a brief in reply to appellee’s brief within 21 days of service of appellee’s brief. (Rev. 12/1/02; 12/1/09; 6/1/17)
(c) If a party files a motion to expedite the appeal or a motion to grant or stay the injunction pending appeal, the Court, in resolving those motions, may order a schedule for briefing that differs from that described above. (Rev. 7/1/06)