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Information Package And Informal Brief Form For Pro Se Petitioners Seeking Review Of An Agency Order - Official Federal Forms
| Information Package And Informal Brief Form For Pro Se Petitioners Seeking Review Of An Agency Order Form. This is a national form and can be used in 9th Circuit Court Of Appeals Circuit Court Of Appeals . |
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UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Office of the Clerk INFORMATION PACKAGE & INFORMAL BRIEF FORM FOR PRO SE PETITIONERS SEEKING REVIEW OF AN AGENCY ORDER (MAY 2006) C This information packet has been prepared by the United States Court of Appeals for the Ninth Circuit to assist you in presenting your case to the Judges of this court. Please read ALL of the information carefully before you prepare your case. You must keep a copy of all documents you send to this court for your personal records. Your petition has been assigned a Court of Appeals docket number. You must include this number on all of the correspondence you send to this court and to the other side. If you move or your mailing address changes, you must notify this court in writing immediately. If you do not, you could miss important papers from this court notifying you of deadlines or decisions. If you do not notify us of your address changes and you miss a filing deadline as a result, your case could be dismissed without further notice. When filing documents, you must use paper and ink that will be legible when they arrive here for filing. Therefore, do not use tissue paper. If we can't read the documents, they will not be processed. C C C C American LegalNet, Inc. www.USCourtForms.com American LegalNet, Inc. www.USCourtForms.com Revised May 2006 YOUR PETITION A CHECKLIST _____ Court Clerk assigns you a docket number and sends you this package of information. You must include this docket number on anything you send to the Court!! In this package, you will find: ___ A Time Schedule Order - This tells you when certain papers are due. It is VERY important. ___ A Sample Certificate of Service. You MUST send a copy of ALL documents that you file with this court to counsel for the opponent, if any, and you must include a statement to this court telling us that you did so. You may duplicate this form and fill it out and send it with EACH document you file with this court. ___ _____ An Informal Brief Form. You must notify the Court in writing of any change of address. 9th Cir. R. 46-3. You must pay your $450 filing fee. If you cannot pay your fee and want to ask that it be waived, turn to page 4 of this handout for instructions on filing a motion to proceed in forma pauperis. If your motion is denied and you do not pay the fees, your case will be dismissed. You must file your opening brief by the date stated on the time schedule order. If you want to file a reply to your opponent's brief, you must do that within 14 days of the date they served you with the brief. Once all the briefs are filed, the case will be considered by a 3 _____ _____ _____ _____ American LegalNet, Inc. www.USCourtForms.com panel of 3 Judges. Unless the one or more of the Judges requests that oral argument be heard, your case will be decided based on the information included in the briefs and after a review of the record. See Fed. R. App. P. 34(a). _____ In some cases, the Judges may decide a case before the completion of briefing, but you will be given an opportunity to tell the court why the case should not be summarily decided before the filing of your opening brief. See 9th Cir. R. 3-6. If the Judges decide that argument would be beneficial to the Court, you will receive notice that your case has been calendared for argument. When the Judges decide your case, you will receive a memorandum disposition or order in the mail. _____ _____ 4 American LegalNet, Inc. www.USCourtForms.com GENERAL INFORMATION I. THE COURT OF APPEALS The Court of Appeals reviews final decisions of the U.S. District Court and certain federal agencies. The court looks at the administrative record in the case and the briefs of the parties to see if there are any constitutional, legal, or factual mistakes. NO new evidence or testimony can be presented in this court. II. THE FEDERAL RULES You must follow the Federal Rules of Appellate Procedure (Fed. R. App. P.) and the Ninth Circuit Rules. Make sure you follow the actual language of the rules. The Federal Rules are available in most law libraries. If you would like a copy of the Ninth Circuit Rules, free of charge, please send a written request to the Clerk's office and one will be sent to you. Please include a return mailing label with your address on it with your request. The rules are also available on the court's website, www.ca9.uscourts.gov. III. PAYMENT OF FEES The $450 filing fee is paid in this court. If you cannot afford to pay the fees, you may: ` File a motion to proceed without payment of fees. This motion is called a motion to proceed in forma pauperis. A financial affidavit, including a statement by you swearing under penalty of perjury that you do not have enough money or other assets to pay the fees, must be included with your motion. The form may be found at Form 4, Federal Rules of Appellate Procedure. If you do not pay your filing fees or file a motion to proceed in forma pauperis, your case will be dismissed. See 9th Cir. R. 421. 5 ` American LegalNet, Inc. www.USCourtForms.com 6 American LegalNet, Inc. www.USCourtForms.com III. APPOINTMENT OF COUNSEL The situations in which the court may appoint counsel or request the services of volunteer counsel in civil cases are VERY LIMITED. To request the court to appoint counsel, you should file a motion for the appointment of counsel stating reasons why counsel is necessary and why you cannot afford an attorney. Remember to serve counsel for the opposing party with a copy of the motion. IV. BRIEF Your case was assigned a court of appeals docket number. Any briefs or other correspondence from you should include this number. The TIME SCHEDULE ORDER tells you when you must file particular papers. Your brief is the written argument of your case. You will file the first brief, called the Opening Brief. The other side is given a chance to file a brief answering your arguments. You will have an opportunity to reply to their brief. The TIME SCHEDULE ORDER will tell you when your Opening and Reply Briefs are due. In general, briefs should include: (a) (b) (c) (d) (e) A statement of the facts of your case. What the agency decided. The issues you present. The LEGAL arguments you wish to present. A statement telling this court what you want this court to do reverse the agency, remand the case back to the agency, or modify the agency opinion and WHY. Your signature - all briefs must be signed by each pro se See Fed. R. App. P. 32(d). (f) petitioner. 7 Am
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