Circuit Rule 3-6: Summary Disposition of Civil Appeals
Circuit Rules and General Orders of the Ninth Circuit — Title II. Appeal from a Judgment or Order of a District Court
(a) At any time prior to the completion of briefing in a civil appeal or petition for review, if the Court determines:
(1) that clear error or an intervening court decision or recent legislation requires affirmance, reversal or vacation of the judgment or order appealed from, the grant or denial of a petition for review, or a remand for additional proceedings; or
(2) that it is manifest that the questions on which the decision in the appeal or petition for review depends are so insubstantial as not to justify further proceedings; the Court may, upon motion of a party, or after affording the parties an opportunity to show cause, issue an appropriate dispositive order.
(b) At any time prior to the disposition of a civil appeal or petition for review if the Court determines that the appeal is not within its jurisdiction, the Court may issue an order dismissing the appeal without notice or further proceedings. (Eff. 7/95; Rev. 12/1/19)