Motions Practice in the Staff Attorney's Office

Initial review of cases, procedural and substantive motions, emergency motions, staff attorneys' responsibilities, jurisdictional defects, practice tips, and more insights related to motions practice in a legal setting.

• Motions Practice
• Staff Attorneys
• Jurisdictional Defects
• Legal Proceedings
• Practice Tips

sdae Follow

Uploaded on Feb 27, 2025 | 0 Views

Download Presentation

Please find below an Image/Link to download the presentation.

The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.

You are allowed to download the files provided on this website for personal or commercial use, subject to the condition that they are used lawfully. All files are the property of their respective owners.

The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.

Presentation Transcript

1. Motions Practice and the Staff Attorneys Office

2. Initial review of cases Procedural motions Substantive motions and original matters Emergency motions Fully briefed cases deemed appropriate for screening Certificates of Appealability Staff Attorneys

3. Initial review of cases Check for jurisdictional defects Timeliness Final or otherwise appealable order Proper venue Issue jurisdictional orders to show cause Filing fee status Paid or in forma pauperis

4. Procedural motions Extensions of time Oversized briefs Consolidation Withdrawal / substitution of counsel Stay of appellate proceedings Strike Limited remand Expedite

5. Substantive motions and original proceedings Dismiss Summary affirmance / summary disposition Stay / injunctive relief Appointment of counsel Bail Mandamus petitions Petitions for permission to appeal 1292(b), 23(f) Pretty much anything

6. Emergency motions Ninth Circuit Rule 27-3 Alert the court via email: emergency@ca9.uscourts.gov Or call to alert the court, 415-355-8020 Certify: to avoid irreparable harm relief is needed within 21 days Please also alert the court to any urgent motions Relief needed by a specific date but not within 21 days

7. Motions and screening panels Panels of judges convene every month Motions panels Substantive motions and original actions Emergencies Screening panels Fully briefed cases deemed suitable for submission without oral argument. COA panels Certificates of Appealability in habeas cases

8. Put important information up front Explain the basis for jurisdiction if not clear Alert the court to any emergency motion / specific deadline Practice Tips Respond to court orders Talk to the other side Read the rules first