9th Cir. R. 3-3 — Preliminary Injunction Appeals: the court's own rule, verbatim from FEDERAL RULES OF APPELLATE PROCEDURE NINTH CIRCUIT RULES CIRCUIT ADVISORY COMMITTEE NOTES (1 June 2026), official PDF, sha-custodied. Court-level requirement: applies to appeals in the U.S. Court of Appeals for the Ninth Circuit alongside the Federal Rules of Appellate Procedure.
(a) Every notice of appeal from an interlocutory order (i) granting, continuing, modifying, refusing or dissolving a preliminary injunction or (ii) refusing to dissolve or modify a preliminary injunction shall bear the caption “PRELIMINARY INJUNCTION APPEAL.” Immediately upon filing, the notice of appeal must be transmitted by the district court clerk’s office to the Court of Appeals clerk’s office. (Rev. 12/1/09) (b) Within 7 days of filing a notice of appeal from an order specified in subparagraph (a), the parties shall arrange for expedited preparation by the district court reporter of all portions of the official transcript of oral proceedings in the district court which the parties desire to be included in the record on appeal. Unless otherwise established by Court order in a particular case, the following briefing deadlines will apply: Within 28 days of the docketing in the district court of a notice of appeal from an order specified in subparagraph (a), the appellant shall file an opening brief and excerpts of record. Appellee’s brief and any supplemental excerpts of record shall be filed within 28 days of service of appellant’s opening brief. Appellant may file a brief in reply to appellee’s brief within 21 days of service of appellee’s brief. (Rev. 12/1/02; 12/1/09; 6/1/17) (c) If a party files a motion to expedite the appeal or a motion to grant or stay the injunction pending appeal, the Court, in resolving those motions, may order a schedule for briefing that differs from that described above. (Rev. 7/1/06) Cross Reference: (Rev. 7-1-06) • FRAP 8. Stay or Injunction Pending Appeal on page 30 • Circuit Rule 27-2. Motions for Stays Pending Appeal on page 97 • Circuit Rule 27-3. Emergency Motions on page 99 • FRAP 10. The Record on Appeal on page 34 • Circuit Rule 10-2. Contents of the Record on Appeal on page 36 • Circuit Rule 10-3. Ordering the Reporter’s Transcript on page 36 • Circuit Rule 30-1. The Excerpts of Record on page 128 • FRAP 34. Oral Argument on page 148 • Circuit Rule 34-3. Priority Cases on page 149
(a) Every notice of appeal from an interlocutory order (i) granting, continuing, modifying, refusing or dissolving a preliminary injunction or (ii) refusing to dissolve or modify a preliminary injunction shall bear the caption “PRELIMINARY INJUNCTION APPEAL.” Immediately upon fil