The 9th Circuit
invites comments on proposed revisions to Circuit Rules: Circuit Rule 28-1 (Briefs, Applicable Rules); Circuit Rule 39-1 (Costs and Attorneys Fees on Appeal); and Circuit Rule 46-5 (Restrictions on Practice by Former Court Employees).
The revisions to Circuit Rule 28-1 would clarify the requirements for letter briefs ordered by the court. The revisions to Circuit Rule 39-1 would clarify the process for transferring a request for attorneys’ fees to the district court or agency.
The revision to Circuit Rule 45-6 would clarify the scope of the rule and when a motion for exemption must be filed by a former court employee.
If ultimately approved by the Court, these rules would become effective no earlier than June 1, 2026. Please direct comments to Molly C. Dwyer, Clerk of Court, at Molly_Dwyer@ca9.uscourts.gov, and Susan V. Gelmis, Chief Deputy Clerk, at Susan_Gelmis@ca9.uscourts.gov. Comments must be submitted no later than February 23, 2026.
