9th Cir. R. 11-4

11-4.1. Retention of Clerk’s Record in the District Court

[Abrogated 12/1/09]

11-4.2. Retention of Physical Exhibits in the District Court

For any exhibits not otherwise available on the electronic district court docket, all physical and

documentary exhibits in all cases shall be retained in the district court until the mandate issues

unless requested by the Court of Appeals. (Rev. 12/1/09; 6/1/19)

11-4.3. Transmittal of Reporter’s Transcript

[Abrogated 12/1/09]

11-4.4. Transmittal of Clerk’s Record Upon Requests

When the Court of Appeals at any time requires all or part of the clerk’s record, the Clerk of the

Court of Appeals will request the record from the district court. The district court clerk shall

transmit the record, including agency records lodged or filed with the district court during the

district court proceedings, to the Court within 7 days of receiving the request. In appeals from the

Bankruptcy Appellate Panel, records will be treated in the same fashion as records on appeal in

cases arising from the district court. (Rev. 12/1/09; Rev. 7/1/13)

The district court shall within 7 days after a notice of appeal is filed transmit any state court

records lodged or filed in 28 U.S.C. § 2254 proceedings to this Court unless the documents are

available in the district court’s electronic case file or the district court determines that the notice

of appeal was prematurely filed. (New 7/1/13)

Cross Reference: (Rev. 12/1/09)

• Circuit Rule 22-1. Certificate of Appealability (COA) on page 66, specifically, Circuit Rule

22-1(b)

FRAP 11