Home About the Court Attorneys Mediation News Media Employment

Welcome to the internet portal of the United States Courts for the Ninth Circuit.
more >>

Chief Judge Mary Murguia

Pro Se and Self Represented Litigants: Information, Links and Forms

United States Courts for the Ninth Circuit: Electronic Document Submission System

This web page is designed to provide information for people who are representing themselves in cases in the US Court of Appeals for the Ninth Circuit, also called the Ninth Circuit.

When you are without an attorney, you are "proceeding pro se." If you represent yourself in court, you are called a "pro se litigant" or a "self-represented litigant." "Pro se" is a Latin legal term meaning "on one's own behalf" and a "litigant" is someone who is either suing or being sued in court.

The Constitution provides a right to an attorney for defendants in criminal cases only. In all other types of cases, you do not have a constitutional right to a lawyer appointed or paid for by the court. Therefore, if you start a case as a "pro se litigant," you should be prepared to handle it on your own. In a small number of cases, the Ninth Circuit can appoint you a "pro bono" attorney. "Pro bono" is another Latin legal term meaning "for the public good." A "pro bono attorney" is a volunteer that works for a client for free or no charge.

This webpage will provide you with general information about the Ninth Circuit, and how to process a case in the Ninth Circuit. As a reminder: the Ninth Circuit and court employees are legally required to remain neutral; that means they cannot give you advice about how to win your case. If you have a procedural question, for example, which forms to send to the court or when a form is due, the court materials referenced below should provide the answer. The court is not your lawyer and cannot give you legal advice. The court also cannot refer you to a specific lawyer.

GENERAL INFORMATION ABOUT THE NINTH CIRCUIT

The US Court of Appeals for the Ninth Circuit is a court of limited jurisdiction. This means that there are only certain types of cases that the court has jurisdiction - or authority - to hear. The general rule is that the Ninth Circuit can hear final decisions of federal district courts (trial courts) within the geographical area of the Ninth Circuit. The Ninth Circuit can also hear final decisions of some federal agencies within the Ninth Circuit. For more information about the Ninth Circuit's jurisdiction, please review the Ninth Circuit Appellate Jurisdiction Outline.

The Ninth Circuit covers the following states and territories: Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, and Washington. A map of the geographical area is available here.

Pro se litigants have two options for filing documents in the Ninth Circuit.

(1) Option One: Register for Electronic Filing in the Ninth Circuit

The Ninth Circuit allows electronic case filing via Ninth Circuit CM/ECF and ACMS. Pro se litigants may, but are not required to, register for electronic case filing. The court strongly encourages pro se litigants to register for electronic filing in the Ninth Circuit if they are able. You do not need any special permission to register for electronic filing, and registration is free. You will not be able to submit your case opening documents this way, but once your case has been opened, you will be able to file all your documents and receive all notices and service electronically.

Ninth Circuit CM/ECF is different than CM/ECF in the district courts. A litigant must register separately for Ninth Circuit CM/ECF through their PACER account even if he/she is already registered in a district court.

If a pro se litigant is registered for electronic filing, the litigant will receive email notification immediately about any documents, notices, or orders filed in the litigant's case. The email notification will have a summary of the document filed and a link with access to the document. A registered litigant is allowed "one free look" of each document filed. The "one free look" expires 15 days after the email is sent. The court strongly encourages litigants to download or print the document immediately. If a litigant wishes to view a document more than once, the litigant will have to pay fees to PACER.

You would also not need to serve your filings on other parties who are registered for electronic filing.

Information on how to register and log into CM/ECF and ACMS is found here.

(2) Option Two: Be a "paper filer" and submit pleadings via this website, mail, or in person at the courthouse.

Pro se litigants who are not registered for electronic filing in this court will be "paper filers." Paper filers will receive documents, notices and orders from the court and other parties via U.S. Mail. A paper filer can submit documents to the court for filing in three ways:

In-person at the Browning Courthouse, 95 Seventh Street, San Francisco, CA 94103. If the courthouse is closed to the general public, there will be a drop box in the lobby.
Via U.S. Mail or commercial carrier sent to U.S. Court of Appeals for the Ninth Circuit, P.O. Box 193939, San Francisco, CA 94119-3939. Use the street address (95 7th Street, San Francisco, CA 94013) for those carriers who will not deliver to a Post Office box.
This webpage below.

To submit a document via the webpage below, you must have Internet access and an email address. Court staff will review the document for compliance with applicable rules, as is done for documents received via mail or in person. If the documents cannot be filed, you will receive an email explaining why it cannot and what, if anything, you can do to correct the problem.
To file a document via the court's website, please go here:

A pro se litigant does not need any special permission to register for electronic filing. Registration information is available here.

If you are not registered and do not wish to register for electronic filing and notice, you may either mail the document to the court or submit via the court's website. To submit a document via the court's website, please go here: please go here.

An "appeal" is a case that seeks review of an order issued by a federal district court, Tax Court or Bankruptcy Appellate Panel. A "petition for review" seeks review of a federal agency decision, such as the Board of Immigration Appeals.

INFORMATION ABOUT APPEALS FROM DISTRICT COURT, BAP, OR TAX COURT CASES

The first step to opening an appeal is filing a notice of appeal. The notice of appeal is a document that states who you are, what you want to appeal, and lists the lower court case number. You must file the notice of appeal in your lower court case, not in the Ninth Circuit. You may use Form 1, Form 2, or Form 5, depending on the court.

After you file a notice of appeal in the lower court, that court notifies the Ninth Circuit. The Ninth Circuit then opens a new case for you and will send you information about your new Ninth Circuit case, including a case number.

No. After you file your notice of appeal, you will get a new Ninth Circuit case number.

For appeals from the district court, the filing fee for an appeal is $605 and it is paid to the district court. For appeals from the tax court, the filing fee for an appeal is $605 and it is paid to the tax court. For appeals from the BAP, the filing fee is $605 and it is paid to the Ninth Circuit. If you do not have money to pay the filing fee, you can ask the court to waive the filing fee by filing a "motion to proceed in forma pauperis." The motion to proceed in forma pauperis can be granted by either the district court or the court of appeals. You may use Form 4 or its equivalent.

Link to Fee Schedule

INFORMATION ABOUT SEEKING REVIEW OF FEDERAL AGENCY DECISIONS, INCLUDING A DECISION OF THE BOARD OF IMMIGRATION APPEALS

To appeal a decision from a federal agency (including the Board of Immigration Appeals), you need to file a petition for review in the Ninth Circuit. A petition for review needs to include your name, what order you are seeking review of, what agency issued the order, the date of the order, and include a copy of the order. You may use Form 3.

No. After you file your petition for review, you will get a new Ninth Circuit case number.

The filing fee for a petition for review is $600 and it is paid to the Ninth Circuit. You may pay either by check or money order, made out to "US Courts." If you do not have money to pay the filing fee, you can ask the Ninth Circuit to waive the filing fee by filing a "motion to proceed in forma pauperis." You may use Form 4.

INFORMATION ABOUT STARTING AN ORIGINAL ACTION, SUCH AS A PETITION FOR A WRIT OF MANDAMUS, IN THE NINTH CIRCUIT

A petition for a writ of mandamus is filed in the court of appeals. There is no form for a petition for a writ of mandamus. If you are filing a petition for a writ of mandamus, you are the "petitioner." The "respondent" is often the court that issued the order that you do not agree with. There is often a "real party of interest" in mandamus petitions, which is the person/entity who needs to respond to the petition for writ of mandamus. This is considered extraordinary relief and is rarely granted.

You cannot submit these electronically either via CM/ECF or this website, you must submit in person or by U.S. Mail. In your petition for a writ of mandamus, please include your name, your contact information, the name of the respondent, the name of the real party of interest (if any), the lower court case number (if any), what you want the Ninth Circuit to do, and why the Ninth Circuit should do that.

The filing fee for a petition for a writ of mandamus is $600 and it is paid to the Ninth Circuit. You may pay either by check or money order, made out to "US Courts." If you do not have money to pay the filing fee, you can ask the Ninth Circuit to waive the filing fee by filing a "motion to proceed in forma pauperis." You may use Form 4.

There may be a different type of case that is not discussed above, such as a petition for permission to appeal or an application for leave to file a second or successive habeas petition. The rules for these differ. Please consider the information available on our website or consult the Clerk's Office for assistance.

FORMS AND INFORMATION FOR PRO SE LITIGANTS

Below please find forms and information packets that may be helpful to your case.

Instruction Packets

After Opening a Case

Post-Judgment Information

Forms by Category

Case Opening

Form 1. Notice of Appeal from a Judgment or Order of a United States District Court

Use Form 1 to appeal a District Court judgment or order.
Form 2. Notice of Appeal from a Decision of the United States Tax Court

Use Form 2 to appeal a Tax Court decision.
Form 3. Petition for Review of Order of a Federal Agency, Board, Commission, or Officer

Use Form 3 to ask the Court to review an Agency, Board, Commission, or Officer order (this includes a decision from the Board of Immigration Appeals).
Form 5. Notice of Appeal from a Judgment or Order of the Bankruptcy Appellate Panel

Use Form 5 to appeal a Bankruptcy Appellate Panel judgment or order.
Form 6. Representation Statement

Use Form 6 to notify the Court who the parties and attorneys are for an appeal at the same time you file your notice of appeal.

Instructions for Form 6
Form 12. Application for Leave to File Second or Successive Petition under 28 U.S.C. § 2254 or Motion under 28 U.S.C. § 2255

Word version of Form 12

Pro se litigants: use Form 12 to ask permission to file a second or successive habeas corpus petition or motion.

Instructions for Form 12

Fee Status

Form 4. Motion and Affidavit for Permission to Proceed In Forma Pauperis

Use Form 4 to ask the Court to waive the filing fees in any civil case (use Form 23 in a criminal or habeas corpus case).

Instructions for Form 4
Form 23. CJA Financial Affidavit

Use Form 23 to support a request to waive fees or a motion for appointment of counsel in a criminal or habeas corpus case (use Form 4 in a civil case).

Instructions for Form 23

Certificates and Statements

Form 6. Representation Statement

Use Form 6 to notify the Court who the parties and attorneys are for an appeal at the same time you file your notice of appeal.

Instructions for Form 6
Form 8. Certificate of Compliance for Briefs

Word version of Form 8

Use Form 8 to certify that your brief's word count complies with the Court's length limit.

Instructions for Form 8
Form 11. Certificate of Compliance for Petitions for Rehearing or Responses

Word version of Form 11

Use Form 11 to certify that your petition for rehearing or response to petition for rehearing complies with the Court's length limit.

Instructions for Form 11
Form 15. Certificate of Service for Electronic Filing

Word version of Form 15

Use Form 15 to certify that you served your electronic filing if it will not be served via the Electronic Filing system (use Form 25 if you file only in paper).

Instructions for Form 15
Form 16. Circuit Rule 27-3 Certificate for Emergency Motion

Word version of Form 16

Use Form 16 to accompany your emergency motion.

Instructions for Form 16
Form 18. Certificate for Paper Copy of Electronic Brief

Use Form 18 to certify that the paper copies of your brief match the electronically filed version.

Instructions for Form 18
Form 25. Certificate of Service for Paper Filing

Word version of Form 25

Pro se litigants: if you file only in paper, use Form 25 to certify that you are serving the other parties with a copy of your document.
Form 33. Certificate of Mailing for Pro Se Inmates

Pro Se litigants who are incarcerated or detained, use Form 33 to certify when your notice of appeal or other filing was delivered to prison officials for forwarding to the Court.

Motions

Form 4. Motion and Affidavit for Permission to Proceed In Forma Pauperis

Use Form 4 to ask the Court to waive the filing fees in any civil case (use Form 23 in a criminal or habeas corpus case).

Instructions for Form 4
Form 13. Streamlined Request for Extension of Time to File Brief

Pro se litigants: if you file only in paper, use Form 13 to request a first extension of time to file a brief, up to 30 days.
Form 14. Motion for Extension of Time

Use Form 14 to request an extension of time to file document other than a brief or to file a brief when a streamlined extension is unavailable (such as a request of more than 30 days).

Instructions for Form 14
Form 15. Certificate of Service for Electronic Filing

Word version of Form 15

Use Form 15 to certify that you served your electronic filing if it will not be served via the Electronic Filing system (use Form 25 if you file only in paper).

Instructions for Form 15
Form 16. Circuit Rule 27-3 Certificate for Emergency Motion

Word version of Form 16

Use Form 16 to accompany your emergency motion.

Instructions for Form 16
Form 23. CJA Financial Affidavit

Use Form 23 to support a request to waive fees or a motion for appointment of counsel in a criminal or habeas corpus case (use Form 4 in a civil case).

Instructions for Form 23
Form 24. Motion for Appointment of Counsel

Pro se litigants: use Form 24 if you do not have a lawyer and want to ask the Court to appoint a lawyer for you.

Instructions for Form 24
Form 25. Certificate of Service for Paper Filing

Word version of Form 25

Pro se litigants: if you file only in paper, use Form 25 to certify that you are serving the other parties with a copy of your document.
Form 27. Generic Motion
Pro se litigants: use Form 27 to ask the Court to file a motion for any relief other than for an extension of time, to waive the fees, or for appointment of counsel (see Forms 13, 14, 4, 23, and 24).

Instructions for Form 27
Form 28. Response to Motion or Court Order

Use Form 28 to respond to a motion filed by another party or a Court order directing a response.

Instructions for Form 28

Briefs

Form 8. Certificate of Compliance for Briefs

Word version of Form 8

Use Form 8 to certify that your brief's word count complies with the Court's length limit.

Instructions for Form 8
Form 15. Certificate of Service for Electronic Filing

Word version of Form 15

Use Form 15 to certify that you served your electronic filing if it will not be served via the Electronic Filing system (use Form 25 if you file only in paper).

Instructions for Form 15
Form 18. Certificate for Paper Copy of Electronic Brief

Use Form 18 to certify that the paper copies of your brief match the electronically filed version.

Instructions for Form 18
Form 25. Certificate of Service for Paper Filing

Word version of Form 25

Pro se litigants: if you file only in paper, use Form 25 to certify that you are serving the other parties with a copy of your document.
Appellant's Informal Opening Brief Form

Word version of Appellant's Informal Brief

Pro se litigants: use this form to file an opening brief in your appeal.
Petitioner's Informal Opening Brief Form - Immigration Agency

Word version of Immigration Petitioner's Informal Brief

Pro se litigants: use this form to file an opening brief in your immigration petition for review.
Petitioner's Informal Opening Brief Form - Non-Immigration Agency

Word version of Agency Petitioner's Informal Brief

Pro se litigants: use this form to file an opening brief in your non-immigration petition for review.
Appellant's Informal Reply Brief Form

Word version of Appellant's Reply Brief

Pro se litigants: use this form to file a reply brief in your appeal.
Petitioner's Informal Reply Brief Form

Word version of Petitioner's Reply Brief

Pro se litigants: use this form to file a reply brief in your petition for review.

Sealed Documents

Form 15. Certificate of Service for Electronic Filing

Word version of Form 15

Use Form 15 to certify that you served your electronic filing if it will not be served via the Electronic Filing system (use Form 25 if you file only in paper).

Instructions for Form 15
Form 19. Notice of Sealing

Use Form 19 if sealing a document or case is required by a statute or procedural rule.

Instructions for Form 19
Form 20. Notice of Intent to Unseal

Use Form 20 if you do not intend to ask that a document that was sealed in a lower court or agency remain under seal in this Court.

Instructions for Form 20

Post-Judgment

Form 10. Bill of Costs

Use Form 10 to request costs within 14 days from the opinion or memorandum's file date.

Instructions for Form 10
Form 11. Certificate of Compliance for Petitions for Rehearing or Responses

Word version of Form 11

Use Form 11 to certify that your petition for rehearing or response to petition for rehearing complies with the Court's length limit.

Instructions for Form 11

Miscellaneous

Form 22. Notice of Change of Address

Pro se litigants: if you file only in paper, use Form 22 to notify the Court if your address has changed.
Form 26. Notice of Delay

Use Form 26 to notify the Court that a case, motion, or petition for rehearing has been pending for longer than a prescribed time.

Instructions for Form 26
Form 29. Request for Docket Sheet, Document, or Rules

Pro se litigants: if you file only in paper, use Form 29 to request a copy of a docket sheet or document filed in a case in which you are a party, or a copy of the Court's rules.

Instructions for Form 29