Attorney FAQs

Appeals

  • Where do I file a Notice of Appeal and how many copies do I file?
  • What is the fee for filing a Notice of Appeal?
  • Do I pay the filing fee for a Notice of Appeal to the US. District Court or to the U.S Court of Appeals?
  • Can I file a Notice of Appeal even if it is late?
  • Where do I file the Representation Statement?
  • How will I receive the appellate case number and scheduling order for my appeal?
  • Do I have to designate what part of the record I want sent to the U.S. Court of Appeals?
  • What is the mailing address for the Clerk’s Office for the 9th Circuit Court of Appeals?
  • Where do I file my appellate briefs?
  • How may I ask additional questions about filing a Notice of Appeal in the U.S. District Court?
A Notice of Appeal is filed in the Clerk's Office of the U.S. District Court. Only the original Notice of Appeal must be filed. No additional copies are required. For filers registered to E-file, the Notice of Appeal may be filed electronically.
The filing fee for a Notice of Appeal is paid to the Clerk's Office of the U.S. District Court. For E-filers, the filing fee may be paid via Pay.gov during the E-filing of the Notice of Appeal. Parties who are manually filing the Notice of Appeal may pay the fee at the Clerk's Office of the U.S. District Court. For further questions about the fee for filing a Notice of Appeal, you may call (619) 557-6368.
The Clerk's Office of the U.S. District Court will accept and process all Notices of Appeal, including those which are late. The U.S. Court of Appeals will determine if an appeal will proceed.
​The Representation Statement may be attached to the Notice of Appeal filed in the U.S. District Court pursuant to Ninth Circuit Rule 3-2.
The Clerk’s Office for the U.S. Court of Appeals will open the appellate case and issue any scheduling order. Parties will receive notification of the appellate case number and scheduling order directly from the Clerk’s Office for the U.S. Court of Appeals.
No designation of record is required. For information on designating transcripts of courtroom proceedings for use on appeal, please see 9th Circuit Rule 10-3. A fillable Transcript Designation and Ordering Form can be found on the Forms page of this website. For information on ordering transcripts, please see the Transcript Orders page of this website.
​Clerk, U.S. Court of Appeals for the Ninth Circuit
P.O. Box 193939
San Francisco, CA 94119-3939
Parties file appellate briefs directly in the Clerk's Office for the U.S. Court of Appeals.
You may call (619) 557-6368 during the Clerk's Office regular business hours.

Attorney Admission

  • Do I have to file a Pro Hac Vice application and pay the admission fee if I am an attorney for a federal agency in another district?
  • Do I need a certificate of good standing to be admitted to the court?
  • How can I get an application for admission to practice?
  • How often are attorney admissions ceremonies held?
Each attorney must submit a completed Pro Hac Vice application; however, no fee is required. You must provide statutory authority or provide a copy of a delegation of authority from the United States Department of Justice authorizing you to litigate civil cases in court. Please write on the application: fee waived - (agency, i.e., D.O.J. attorney or Department of Labor attorney). You must also submit a Pro Hac Vice admission card for government attorneys.
​No, but you must be a member in good standing of the California State Bar.
The application form can be viewed on-line HERE.
Admission ceremonies in this district are held jointly with the State Bar of California and take place every June and December (usually the first week of the month).

Criminal Justice Act (CJA)

  • Are CJA attorneys exempt from PACER fees?
  • What fees are allowable in federal capital prosecutions and HC death penalty cases?
  • When do I submit my CJA voucher for payment?
  • Where do I pick up a copy of the CJA Panel Application?
  • Where may I obtain CJA voucher status or payment rates?
​Yes, CJA attorneys are exempt from CM/ECF-PACER access fees for work performed pursuant to appointments in specific cases. Contact the PACER Service Center at 800-676-6856 for more information. Or you can access the PACER Service Center on-line: http://www.pacer.gov/
​Refer to General Order 370-B.
​Refer to General Order 494-A. All vouchers must be submitted within 90 days of sentencing or dismissal of the case. A letter demonstrating good cause why the voucher should be paid must accompany any late voucher. The Clerk is directed to reject any CJA Vouchers submitted 1 year or more after termination of the case unless the court orders otherwise for good cause shown.
​Applications are available on line. Click here.
​Please contact the CJA Financial Deputy at 619-557-5736.

General Procedures

  • How can I contact a reporter that has left the office or retired?
  • How do I continue, set or reset a hearing?
  • How do I file an attorney substitution?
  • How do I obtain a copy of the current Local Rules?
  • I'm going to be late for a court appearance. What should I do?
  • I have a conflict? How do I get off the case?
  • What is the jurisdiction or geographical area covered by the Southern District of California Court?
  • When will someone recently arrested go to court for a first appearance?
  • Where are the defendants being held?
​Contact the Electronic Court Recorder/Court Reporter Coordinator at 619-557-7310.
​Check with the Courtroom Deputy of the assigned Judge for the correct procedures.
​Attorney substitutions must be submitted in pleading format. Refer to Local Civil Rule 83.3 - Attorneys - Admission to Practice Standards of Conduct - Duties

g. Appearances, Substitutions and Withdrawal of Attorneys.

2. Substitutions. When an attorney of record for any person ceases to act for a party, such party must appear in person or appoint another attorney by a written substitution of attorney signed by the party, the attorney ceasing to act, and the newly appointed attorney, or by a written designation filed in the case and served upon the attorney ceasing to act, unless attorney is deceased, in which event the designation of a new attorney will so state. Until such substitution is approved by the court, the authority of the attorney of record will continue for all proper purposes.
​Copies are available free of charge on on website, www.casd.uscourts.gov. If you prefer, mail a check or money order in the amount of $3.00 payable to the Clerk of Court and a self-addressed 9.5" x 12" envelope with $2.00 postage to the Clerk's Office, 333 W. Broadway, Ste. 420, San Diego, CA 92101.
​Call the courtroom deputy or chambers of the judge assigned to the case.
Contact the courtroom deputy to set a hearing date.
San Diego and Imperial Counties.
Arraignments on new complaints take place in the Edward J. Schwartz Courthouse (221 W. Broadway, San Diego, CA 92101) within 72 hours of arrest. Check the Magistrate Judge Duty Calendar.
​Defendants are held at various at places, including Metropolitan Correctional Center in San Diego, Imperial County Jail in El Centro (ICJ), Western Region Detention Facility in San Diego (GEO), Corrections Corporation of America [San Diego Correctional Facility in Otay Mesa (CCA)], California City in Arizona (CALCITY), just to name a few.

Intake

  • Can an individual in a foreign country be served with process by international mail?
  • Do I need a civil cover sheet when filing a civil complaint?
  • Do you accept electronic filings?
  • Do you require blue backs?
  • How many copies do I need to file "x" document?
  • If I put a document in the drop box, what file stamp date will it receive?
  • Is it possible to serve a complaint without a summons? If so, what are the benefits?
  • Is there a fee to file an answer in a civil case?
  • What is the fee to file a new civil complaint?
​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.
Yes.
​According to the Administrative Policies & Procedures, Section1: The Electronic Filing System – a. Authorization for Electronic Filing:

Pursuant to General Order No. 550, beginning on November 1, 2006, the U.S. District Court for the Southern District of California requires attorneys and others who have obtained permission of the court in civil and criminal cases to file documents with the court electronically, over the Internet, through its Case Management/Electronic Case Filing (CM/ECF) system. The court expects all attorneys practicing in this District to participate in electronic filing to the extent practicable.
No.
​According to the Administrative Policies & Procedures, Section 2 – e: Courtesy Copies for Judicial Officers

Documents Filed Electronically:
Unless otherwise ordered by the court, parties must deliver to the Clerk’s Office or mail directly to the judge’s chambers, within 24 hours after filing, any criminal or civil case filing which exceeds 20 pages in length including attachments and exhibits. In addition, where a party makes multiple filings in a case on the same day, and those filings cumulatively exceed 20 pages, a courtesy copy must be provided to the assigned judicial officer. If the nature of the filing is such that the need for a judge's immediate attention is anticipated or desired, a courtesy copy must be delivered on the same day as the filing. A copy of the Notice of Electronic Filing must precede the first page of the courtesy copy. Courtesy copies are to be addressed to the attention of the assigned judicial officer.

Documents Filed in Paper Format:
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.
​It will be file stamped the same day it was dropped. The drop box is open from 4:30 p.m. - 6:00 p.m. Monday through Friday.
​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 the notice and request were sent to respond to the complaint. Service via summons requires a response within 21 days.

•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 the Clerk’s Office.)
No.

Research

  • How can I verify a sentence imposed in a criminal case?
  • I have a case number. How can I determine which judge is assigned?
  • I submitted a proposed order for signature. Is it signed yet?
  • What date was a hearing on?
  • Where can I obtain copies of district court cases?
  • Where can I obtain the U. S. Treasury (T-Bill) rate?
  • Who was the court reporter or electronic court recorder present at a particular hearing?
Refer to the docket via CM/ECF PACER or contact the Clerk’s Office at 619-557-5600.
Criminal and civil case numbers are followed by the initials of the assigned judge(s). If you don't know the judge's initials, refer to the docket via CM/ECF PACER, at the Clerk’s Office public terminals, or contact the Clerk’s Office at 619-557-5600.
Refer to the docket via CM/ECF PACER, at the Clerk’s Office public terminals, or contact the Clerk’s Office at 619-557-5600.
​Refer to the docket via CM/ECF PACER, at the Clerk’s Office public terminals, or contact the Clerk’s Office at 619-557-5600.
​Refer to the docket via CM/ECF PACER, at the Clerk’s Office public terminals, or contact the Clerk’s Office at 619-557-5600.
​Refer to the docket via CM/ECF PACER, at the Clerk’s Office public terminals, or contact the Clerk’s Office at 619-557-5600.