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I think you missed a step. This is currently in District Court, the next appeal would be to the Court of Appeals for the 9th Circuit, yes?
by techsupporter 11y ago
I think you missed a step. This is currently in District Court, the next appeal would be to the Court of Appeals for the 9th Circuit, yes?
- droithomme 11y agoSorry, right, you are correct. Thanks.
- dbcurtis 11y agoI thought we were at the step where the case is now fully briefed? Isn't the next step oral arguments at the district court level? Then a District court ruling. Then appeal to 9CA, and so forth. Although if someone files for an Emergency TRO, I'm not sure if that goes to 9CA or to the SCOTUS Justice that oversees 9CA (Kennedy).
- schoen 11y agoThe hearing at the district court level will be before a magistrate judge (because of the way that the issue arose in connection with a search warrant). Magistrate judges' orders can also be appealed to the district judge assigned to the case, which happens before an appeal to the court of appeals. https://www.law.cornell.edu/rules/frcrmp/rule_59 https://www.law.cornell.edu/rules/frcrmp/rule_59