US · rules
9th Cir. R. 3-5
PROCEDURE FOR RECALCITRANT WITNESS APPEALS
Every notice of appeal from an order holding a witness in contempt and directing incarceration
under 28 U.S.C. § 1826 shall bear the caption “RECALCITRANT WITNESS APPEAL.”
Immediately upon filing, the notice of appeal must be transmitted by the district court clerk’s
office to the Court of Appeals clerk’s office. It shall also be the responsibility of the appellant to
notify directly the motions unit of the Court of Appeals that such a notice of appeal has been
FRAP 3
filed in the district court. Such notification must be given by telephone (415/355-8000) within 24
hours of the filing of the notice of appeal.
A failure to provide such notice may result in sanctions against counsel imposed by the Court.
(Eff. 7/1/97; Rev. 12/1/09)
Cross Reference: (Rev. 12/1/09)
• FRAP 27. Motions on page 93, specifically, Circuit Rule 27-1. Filing of Motions on page 95
• Circuit Rule 27-13. Sealed Documents on page 104
• Circuit Rule 10-1. Notice of Filing Appeal on page 36
• Circuit Rule 25-1. Principal Office of Clerk on page 82
History
CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 3 -5 A recalcitrant witness summarily ordered confined pursuant to 28 U.S.C. § 1826(a) is entitled to have the appeal from the order of confinement decided within 30 days after the filing of the notice of appeal. In the interest of obtaining a rapid disposition of the appeal, the Court impresses upon counsel that the record on appeal and briefs must be filed with the Court as soon as possible after the notice of appeal is filed. The Court will establish an expedited schedule for filing the record and briefs and will submit the appeal for decision on an expedited basis. If expedited treatment is sought for an interlocutory appeal, motions for expedition, summary affirmance or reversal, or dismissal may be filed pursuant to Circuit Rule 27-4. A party may file documents using a Doe designation or under seal to avoid disclosure of the identity of the applicant or the subject matter of the grand jury investigation. The party should file an accompanying motion to use such a designation. (Rev. 12/1/09)
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- 2026-09-18
- Content hash
8d21bfc47e774b9c9ae78762a28cff2a5d80be585883b031105c7f418cd3ef61
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