9th Cir. R. 27-3

If a movant needs relief within 21 days to avoid irreparable harm, the movant must:

(a) make every practicable effort to notify the Court and opposing counsel, and to

serve the motion, at the earliest possible time;

(b) clearly state on the caption page of the motion the date by which relief is needed

under the legend “Emergency Motion Under Circuit Rule 27-3;” and

(c) submit a Certificate prepared by counsel (or by the unrepresented movant),

entitled “Circuit Rule 27-3 Certificate.” A sample Certificate is available on the

Court’s website at Form 16. The Certificate must follow the caption page and

must:

(i) contain the names, telephone numbers, e-mail addresses, and office

addresses of the attorneys for all parties;

(ii) state the facts showing the existence and nature of the claimed emergency;

(iii) explain why the motion could not have been filed earlier;

(iv) state when and how the movant did or will give notice to, and serve the

motion on, counsel for the other parties or on any unrepresented parties,

and if known – what the other parties’ positions are on the motion; and

(v) explain whether the relief sought in the motion was first sought in the

district court or agency, and if not, why the motion should not be

remanded or denied.

The motion must otherwise comport with FRAP 27. (New 7/1/00; Rev. 12/1/09; 12/1/19)

Cross Reference:

• FRAP 8. Stay or Injunction Pending Appeal on page 30

• FRAP 25. Filing and Service on page 79

• Circuit Rule 27-1. Filing of Motions on page 95, specifically Circuit Rule 27-1(3), Relief

Needed by Date Certain

• Circuit Rule 27-5. Emergency Motions for Stay of Execution of Sentence of Death on page