On December 1, 2020, some important new and revised Ninth Circuit Rules will be
going into effect, including a completely rewritten Circuit Rule 30-1 and
significantly revised related rules governing the excerpts of record. The new
and revised excerpts rules, along with two unrelated rule changes, are available
now on our website at https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000682.
Please review these rules carefully before submitting any briefs or excerpts of
record on or after December 1.
* Separate Index (Table of Contents) Volume required for multi volume excerpts, no index or TOC to be included in numbered volumes
* Single Volume excerpts of no more than 300 pages can include Index/TOC
* Excerpts must be consecutively paginated through all volumes in a set other than separate index volume, including caption pages, blank pages, certificates, etc.
* Social Security cases- complete CAR as filed in district court must be submitted with original pagination in new separate docket event called Social Security Certified Administrative Record at the time the initial excerpts are submitted (or with supplemental excerpts if pro se appellant)
* Establishes new standard citation format for citing in the briefs to the excerpts and social security record
Additional Changes and Important Clarifications:
* Purpose of the rule is highlighted and clarified, rule itself is streamlined with specific examples moved to committee notes
* Citations directly to the record in counseled briefs are prohibited except for undisputed background facts
* Clarification of contents of Volume 1 in multi volume set - ALL orders and rulings challenged on appeal, and nothing else
* Requirements of appellees excerpts in pro se cases are clarified must include everything that would have been required for opening brief plus what appellee is required to include
* Clarification of when complete trial transcripts must be included, and option to submit those in separate volumes at the end (before any sealed volumes)
* Clarification that cited or relevant documentary trial exhibits must be included in the excerpts, suggestions given as to where
New resources will be available, including a revised sample shell brief and new sample excerpts of record, on our website, along with an updated appellate practice guide and a new technical guide for working with PDFs, at https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000858. New and revised FAQs regarding excerpts of record will also be available on our website at https://www.ca9.uscourts.gov/content/faq.php
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