A reference post for California and Federal Courts

[Librarian]

Librarian submitted a new resource:

A reference post for California and Federal Courts - Can't follow the actiuon without knowing the leagues and players!

You may be familiar with the saying
In theory, theory and practice are the same; in practice, they're not.

To a large extent, this information is more on the theory side.

Read more about this resource...

 

[Dvrjon]

Librarian submitted a new resource:

A reference post for California and Federal Courts - Can't follow the actiuon without knowing the leagues and players!



Read more about this resource...

Within the Federal Appelate System, a Federal District Court ruling can be appealed to the Federal Court of Appeal. For California cases, this falls to the Ninth Cirucit Court of Appeals (CA9 or 9CA), and may initially be heard by a three judge panel or by the Court en banc. The results of a panel may be also be reheard by the 9 CA en banc. The attached is a run through of the en banc process by Michel and Associates from 2010/2011.

The reference to Chief Judge Kozinski is outdated, as he has retired and was replaced by Chief Judge Mary Murguia. But the process is basically the same.
Following the article is a reference for the current (2003) Ninth Circuit Court of Appeals General Orders which lays out the structure and processes of the Court in detail. The en banc process is contained in Section V.

Congress has also authorized the court of appeals to hear or rehear cases before the court en banc. 28 U.S.C. § 46. Although in other circuits the en banc court consists of all active judges, the Ninth Circuit convenes a “limited en banc court” composed of the Chief Judge Kozinski and ten other judges selected at random for each case. 28 U.S.C. § 46(c); 9th Cir. R.35-3.1 Pursuant to Ninth Circuit Rule 35-3, in the absence of Chief Judge Kozinski, an 11th active judge will be drawn by lot, and the most senior active judge on the panel shall preside.

Full Article: https://michellawyers.com/wp-content/uploads/2010/11/Ninth-Circuit-En-Banc-Procedure-Guide.pdf
9CA General Orders: https://cdn.ca9.uscourts.gov/datastore/uploads/rules/general_orders/General Orders.pdf