# Fed. R. App. P. 9: Rule 9. Release in a Criminal Case

> Federal · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/FRULES_FRAP_R9

## Section

- **Citation:** Fed. R. App. P. 9
- **Heading:** Rule 9. Release in a Criminal Case
- **Jurisdiction:** Federal
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Rules of Appellate Procedure > Rule 9

## Text

(a) Release Before Judgment of Conviction. (1) The district court must state in writing, or orally on the record, the reasons for an order regarding the release or detention of a defendant in a criminal case. A party appealing from the order must file with the court of appeals a copy of the district court’s order and the court’s statement of reasons as soon as practicable after filing the notice of appeal. An appellant who questions the factual basis for the district court’s order must file a transcript of the release proceedings or an explanation of why a transcript was not obtained. (2) After reasonable notice to the appellee, the court of appeals must promptly determine the appeal on the basis of the papers, affidavits, and parts of the record that the parties present or the court requires. Unless the court so orders, briefs need not be filed. (3) The court of appeals or one of its judges may order the defendant’s release pending the disposition of the appeal.

(b) Release After Judgment of Conviction. A party entitled to do so may obtain review of a district-court order regarding release after a judgment of conviction by filing a notice of appeal from that order in the district court, or by filing a motion in the court of appeals if the party has already filed a notice of appeal from the judgment of conviction. Both the order and the review are subject to Rule 9(a). The papers filed by the party seeking review must include a copy of the judgment of conviction.

(c) Criteria for Release. The court must make its decision regarding release in accordance with the applicable provisions of 18 U.S.C. §§ 3142, 3143, and 3145(c).

## Nearby sections

- [Fed. R. App. P. 1 Rule 1. Scope of Rules; Definition; Title](https://www.frixlaw.com/law-library/statutes/FRULES_FRAP_R1.md)
- [Fed. R. App. P. 2 Rule 2. Suspension of Rules](https://www.frixlaw.com/law-library/statutes/FRULES_FRAP_R2.md)
- [Fed. R. App. P. 3 Rule 3. Appeal as of Right—How Taken](https://www.frixlaw.com/law-library/statutes/FRULES_FRAP_R3.md)
- [Fed. R. App. P. 3.1 Rule 3.1. Appeal from a Judgment of a Magistrate Judge in a Civil Case (Abrogated Apr. 24, 1998, eff. Dec. 1, 1998)](https://www.frixlaw.com/law-library/statutes/FRULES_FRAP_R3.1.md)
- [Fed. R. App. P. 4 Rule 4. Appeal as of Right—When Taken](https://www.frixlaw.com/law-library/statutes/FRULES_FRAP_R4.md)
- [Fed. R. App. P. 5 Rule 5. Appeal by Permission](https://www.frixlaw.com/law-library/statutes/FRULES_FRAP_R5.md)
- [Fed. R. App. P. 5.1 Rule 5.1. Appeal by Leave under 28 U.S.C. § 636(c)(5) (Abrogated Apr. 24, 1998, eff. Dec. 1, 1998)](https://www.frixlaw.com/law-library/statutes/FRULES_FRAP_R5.1.md)
- [Fed. R. App. P. 6 Rule 6. Appeal in a Bankruptcy Case or Proceeding](https://www.frixlaw.com/law-library/statutes/FRULES_FRAP_R6.md)
- [Fed. R. App. P. 7 Rule 7. Bond for Costs on Appeal in a Civil Case](https://www.frixlaw.com/law-library/statutes/FRULES_FRAP_R7.md)
- [Fed. R. App. P. 8 Rule 8. Stay or Injunction Pending Appeal](https://www.frixlaw.com/law-library/statutes/FRULES_FRAP_R8.md)
- [Fed. R. App. P. 9 Rule 9. Release in a Criminal Case](https://www.frixlaw.com/law-library/statutes/FRULES_FRAP_R9.md)
- [Fed. R. App. P. 10 Rule 10. The Record on Appeal](https://www.frixlaw.com/law-library/statutes/FRULES_FRAP_R10.md)
- [Fed. R. App. P. 11 Rule 11. Forwarding the Record](https://www.frixlaw.com/law-library/statutes/FRULES_FRAP_R11.md)
- [Fed. R. App. P. 12 Rule 12. Docketing the Appeal; Filing a Representation Statement; Filing the Record](https://www.frixlaw.com/law-library/statutes/FRULES_FRAP_R12.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FRULES_FRAP_R9. Check the current official text before relying on it. Not legal advice.