Circuit Rule 9-1: Release in Criminal Cases

9-1.1. Release Before Judgment of Conviction

(a) Every notice of appeal from a release or detention order entered before or at the time of a judgment of conviction shall bear the caption “FRAP 9(a) Appeal.” Immediately upon filing, the district court shall transmit the notice of appeal to the Court of Appeals Clerk’s Office. Upon filing the notice of appeal, counsel shall contact the Court of Appeals’ motions unit to notify the Court that such an appeal has been filed. Unless otherwise directed by the Court, appellant shall file a memorandum of law and facts in support of the appeal within 14 days of filing the notice of appeal. Appellant’s memorandum shall be accompanied by the district court’s release or detention order and, if the appellant questions the factual basis of the order, a transcript of the district court’s bail proceedings. If unable to obtain a transcript of the bail proceedings, the appellant shall state in an affidavit the reasons why the transcript has not been obtained. (Rev. 1/1/03; 12/1/09)

(b) Unless otherwise directed by the Court, appellee shall file a response to appellant’s memorandum within 10 days of service. (Rev. 1/1/03; 12/1/09)

(c) Unless otherwise directed by the Court, appellant may file a reply within 7 days of service of the response. The appeal shall be decided promptly upon the completion of briefing. (Rev. 1/1/03; 12/1/09)

9-1.2. Release Pending Appeal

(a) A request for release pending appeal must first be brought in the district court. If the district court denies the request for release, defendant may file a motion for release pending appeal in this Court. If the district court grants the request for release, defendant will remain on release unless this Court orders otherwise. (Rev. 12/1/09; 6/1/24)

(b) A party who files a motion for release or detention pending appeal must provide this Court with the written order or hearing transcript that shows the reasoning behind the district court’s ruling. (Rev. 6/1/24)

(c) Unless otherwise directed by the Court, the non-moving party must file a response within 10 days of service of the motion, and the movant may file a reply within 7 days of service of the response. (Rev. 1/1/2003; 12/1/09; 6/1/24)

Circuit Advisory Committee Note to Rule 9-1.2

(New 6/1/24)

A defendant may file a motion to stay a self-surrender date pending the Court’s ruling on a motion for release pending appeal. Former subsection (e), providing for an automatic stay of the self-surrender date, has been abrogated.