Law Offices of Thomas Ogden Certified Specialist in Appellate Law · California

California Appellate Resources

The Ninth Circuit and Federal Appeals From California

Cases litigated in California's federal courts follow an entirely separate appellate path. Appeals from all four federal district courts in the state proceed to the United States Court of Appeals for the Ninth Circuit, under federal rules and procedures that differ in many respects from California state practice.

Federal Appeals and Writs

California's Four Federal Districts

  • The Northern District of California sits in San Francisco, Oakland, San Jose, and Eureka.
  • The Eastern District of California sits in Sacramento and Fresno.
  • The Central District of California sits in Los Angeles, Santa Ana, and Riverside.
  • The Southern District of California sits in San Diego.

Federal judicial districts do not follow California's appellate-district lines, so a county's state appeals and its federal appeals may be heard in different cities.

The Ninth Circuit

The Ninth Circuit is the largest of the federal courts of appeals, covering nine western states and two Pacific territories. It is headquartered at the James R. Browning United States Courthouse in San Francisco and also hears California cases at its Pasadena courthouse; panels sit in other circuit cities as well.

Rules and Procedure

Federal appeals are governed by the Federal Rules of Appellate Procedure together with the Ninth Circuit Rules and the court's Circuit Advisory Committee Notes. The notice of appeal is filed in the district court; the appeal is then opened in the Ninth Circuit, which manages briefing schedules, the mediation program in civil cases, motions, oral argument, and decision. The parties prepare excerpts of record rather than a clerk's transcript.

Electronic Filing

The Ninth Circuit opens new cases in its Appellate Case Management System and requires represented parties to file electronically through it using a PACER account; older cases remain in the court's prior CM/ECF system. The court publishes its filing requirements, forms, and guides for both systems.

Further Review

After a Ninth Circuit panel decision, a party may petition for panel rehearing or rehearing en banc, and may then consider whether the case presents a federal question warranting a petition for writ of certiorari to the Supreme Court of the United States.

U.S. Supreme Court Matters

Official Resources

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