Summary
In the 9th Circuit, procedural motions relate to case management, like scheduling. A motion to file a replacement brief for clerical changes is often granted without a hearing if it doesnt affect the cases substance. The court isnt obliged to respond within a specific timeframe for procedural motions or Form 27 filings, and response times can vary. Clerk procedures are outlined in court-specific rules and administrative orders. Cases are usually assigned to a judge panel after initial briefs. Courts have discretion in granting motions, and delays can occur due to caseloads. If you have concerns, consider consulting legal professionals for guidance.Full Conversation
hi, 9th Circuit. (*) I'd like to know what Motions or Orders are considered Procedural. (*) Also, what happens if a regular Motion to file Replacement Brief is only procedural because it's only making Clerical Changes? How is that handled ?as a pro Se I filed a Form * Requesting to file a replacement Brief for Clerical Changes ONLY
Hey there! In the 9th Circuit:
*. Procedural Motions/Orders generally include those that relate to the management or administration of a case, like scheduling.
*. For a Motion to File Replacement Brief for clerical changes, the court often grants it without a hearing, as long as it doesn't affect the case's substance.
Have you received any feedback from the court on your Form * filing?
No response from the Court. Nothing. Further, The opposing counsel filed a Motion to strike Motion to File Replacement Brief. When I saw that and hadn't heard anything from the Court on my Motion's Status, I, as Pro Se, filed a Form *. I stated I was asking the Court for permission to Refile my Reply Brief to reflect Clerical Changes ONLY. never had received ANY responses from the Court on any of my Motions for my Form *. Wasn't the Court obliged to respond within 7 days to my Motions and Form * ?
In the 9th Circuit, the court isn't typically obliged to respond within a specific timeframe like 7 days for procedural motions or Form * filings. Response times can vary, and courts may take longer depending on their caseload.
Have you tried contacting the court clerk for an update on your motion's status?
9th Circuit. Let me ask this background information. When did my case get assigned to a * judge panel at the 9th Circuit ?? Now, The court didn't respond to any of my procedural motions or Form * filings over the course of 5 months. And, again, if they had read, even if not responded, to my Motions, Form27, they would NOT have granted opposing counsel's Motion to Strike as it was based on FALSEHOODS. Something is so irregular here. I'm trying to make certain I understand the responsibilities of the Clerk of the Court for procedures. I've gone to FRAP, 9th Circuit's FRAP, 9th circuit General Orders. Can you refer me to other resources for Clerk of the Court procedures ? Further, I don't trust the Court since being lied to by the * judge panel. Thus, I don't want the 9th Circuit to know I'm evaluating taking Further action against the Court's * judge panel.
Case Rating: *
It seems like your case might be substantial enough to consider legal counsel. Would you like to be connected to local lawyers who can better assist you with your case? Prior to moving forward, could you provide a bit more information about the issue?
Not yet....cos my questions for a lawyer are not fully informed yet
Case Rating: *
Your situation with the 9th Circuit seems complex, especially given the procedural motions and potential falsehoods in the opposing counsel's motion. While I can't offer specific resources beyond what you've already consulted, you might consider reaching out to legal professionals once your questions are more defined. If you need any more specific guidance, feel free to ask!
I understand. (*) Are there are no Rules type documents for the procedural responsibilities of Clerks of the Court ? (*) Again, WHEN after my Appeal, did my case get assigned to a * judge panel at the 9th Circuit ?? (*) Also, WHY over 5 months didn't the Court respond to my Motions? Finally, (*) Why did the Court Grant the opposing counsel's Motion to Strike, without having read any of my Motions and AFTER they issued their Memoradum Disposition ? This can't be right
Case Rating: *
Hey! You've got quite a detailed situation there. Here are some general insights:
*. Procedural Responsibilities: Clerk procedures are often outlined in court-specific rules and administrative orders. The FRAP and local rules are key resources.
*. Assignment to Judge Panel: Timing can vary; usually assigned after initial briefs.
*. Response Delays: Courts can take time due to caseloads; no strict timeframe.
*. Motion to Strike: Courts have discretion; reasons can include non-compliance or substantive issues.
If you need further assistance, feel free to ask!