Appeals

• Can I file an appeal even if it is late?
  The U.S. District Court Clerk's Office will always accept and process all appeals, including those that are late. The 9th Circuit Court of Appeals will determine if the appeal will proceed.
• Do I have to designate what part of the record I want sent to the 9th Circuit Court of Appeals?
  No designation is required. When the 9th Circuit Court of Appeals requests our file, we send the entire original file to them.
• Do I send the filing fee to the U.S. District Court or the 9th Circuit Court of Appeals?
  The filing fee is always paid to the U.S. District Court.
• How do I serve the transcript designation and ordering form on the court reporter?
  If you deliver the copies to the court, we will place the service copy in the court reporter's box. If not, you will need to find his/her office in the courthouse and serve him/her with their copies.
• How many copies of the appeal do I file?
  We require the original plus one copy in civil cases and the original plus two copies in criminal cases.
• How will I get the scheduling order in my civil appeal?
  The scheduling order is prepared by the Clerk's Office in the 9th Circuit Court of Appeals and will be sent to you in the mail.
• What is the address for the 9th Circuit Court of Appeals?
  U.S. Court of Appeals
  9th Circuit
  95 7th Street
  San Francisco, CA 94103
• What is the fee for filing a notice of appeal?
  $455.00 for appeals in civil and criminal cases.
• Where do I file my brief?
  All appeal briefs are filed at the 9th Circuit Court of Appeals.
• Where do I file the Civil Appeals Docketing Statement?
  The form is filed in the 9th Circuit Court of Appeals. The only time the U.S. District Court will forward the form for the appellant is when it is submitted along with the appeal.
• Where do I file the Representation Statement?
  The form is always filed at the 9th Circuit Court of Appeals.

Intake

• Can a defendant in a foreign country be served with process by international mail?
  See Rule 4(f) of the Federal Rules of Civil Procedure, which refers to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents.
• Do I need a civil cover sheet when filing a civil complaint?
  Yes.
• Do you accept fax filings/signatures?
  Local Rule 5.3 allows the court to accept fax filings, provided they are first faxed to a fax filing agency, printed onto plain paper, and then brought to the court for filing. No documents can be faxed directly to the Clerk's Office.
• Do you require blue backs?
  No.
• How many copies do I need to file "x" document?
  For civil filings we require an original and one copy for the court. Criminal filings require one original and two copies for the court. Criminal filings involving sentencing require one original and three copies. Any additional copies will be conformed and returned to the filer if a self-addressed stamped envelope is provided.
• If I put a document in the drop box, what file stamp date will it receive?
  It will be file stamped the same day it was dropped. The drop box is open from 4:00 p.m. - 6:00 p.m. Monday through Friday.
• Is it possible to serve a complaint without a summons? If so, what are the benefits?
  Yes. A plaintiff may send a notice of commencement of action and request for waiver of service to a defendant. Upon signing of the waiver by defendant, it is filed with the court and the action proceeds as if service had been made. By signing the waiver, defendant does not waive any objection to venue or jurisdiction of the court. See Rule 4(d) of the Federal Rules of Civil Procedure.
  
  Benefits apply to both plaintiff and defendant. Plaintiff saves the fees affiliated with service. If defendant fails to timely return the waiver to the Clerk, defendant can later be assessed the costs subsequently incurred by effecting service via summons. Defendant who waives service has 60 days from the date notice and request were sent to respond to the complaint. Service via summons requires a response within 20 days.
  
  Service can no longer be made by mail with a notice and acknowledgment.
  • Notice to Attorneys Regarding Amendment to Rule 4 - Summons
  • Notice of Lawsuit and Request for Waiver of Service of Summons (submitted from plaintiff(s) to defendant(s))
  • Waiver of Service of Summons (defendant(s) dates, signs, and returns to plaintiff(s). Plaintiff(s) files Waiver with Clerk's Office.)
  
  
• Is there a fee to file an answer in a civil case?
  No.
• What is a fax filing agency?
  A fax filing agency is any service or business that is willing to accept the faxed document, print it on plain paper, and present it to the court for filing.
• What is the fee to file a new civil complaint?
  $400.00, unless a motion to proceed "In Forma Pauperis" is filed and approved by a judge.

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While the information presented above is accurate as of the date of publication, it should not be cited or relied upon as legal authority. It does not take the place of the Federal Rules of Civil, Criminal or Appellate Procedure or the Local Rules of this court. It does not relieve litigants of the responsibility of complying with the court's Local Rules or Federal Rules of Procedure, or any other obligation imposed by the law.

It is highly recommended that legal advice be obtained from a attorney. For filing requirements, please refer to the Federal Rules of Civil and Criminal Procedure, as well as the Local Rules for the United States Court for the Southern District of California.