APPEAL AS OF RIGHT - HOW TAKEN

3.1 Notice to Trial Judge; Opinion in Support of Order No later than 30 days after the docketing of a notice of appeal, the trial judge may file and transmit to the parties a written opinion or a written amplification of a prior written or oral recorded ruling or opinion. Failure to give notice of the appeal to the trial judge will not affect the jurisdiction of this court. Source: 1988 Court Rules 8.4 Cross-References: FRAP 3, 24, Form 1, Form 3 Committee Comments: A district court may properly prepare an opinion or memorandum explaining a decision after an appeal is taken. The rule is not intended to inhibit or discourage district courts from preparing opinions as they presently do.

To the contrary, the rule was designed to provide more flexibility. Prior Court Rule 8.4 was amended in 1995 to apply to all appellants, not simply pro se habeas corpus petitioners. Otherwise, no substantive change from prior Court Rule 8.4 was intended. This rule does not authorize a trial judge to change a prior ruling except as provided by F.R.C.P. 59(e).

For procedures under F.R.C.P. 60(b) when a case is on appeal, see Venen v. Sweet, 758 F.2d 117, 120 (3d Cir. 1985). The rule was amended in 2008 to change the time from 15 to 30 days. A requirement to notify the district court judge of the filing of a notice of appeal was deleted in 2008 because the district court’s automated docketing system (cm/ecf) will do so.

3.2 Joint Notice of Appeal When parties have filed a joint notice of appeal, only one appeal will be docketed and only one docketing fee paid. Parties filing a joint notice of appeal must file a single consolidated brief and appendix. Source: None Cross-references: FRAP 3(b), 28(I), 31 Committee Comments: New provision in 1995. Table of Contents 2 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 3.3 Payment of Fees (a) If a proceeding is docketed without prepayment of the applicable docketing fee, the appellant must pay the fee within 14 days after docketing.

If the appellant fails to do so, the clerk is authorized to dismiss the appeal. (b) If an action has been dismissed by the district court pursuant to 28 U.S.C. § 1915 as frivolous or malicious, or if the district court certifies pursuant to § 1915(a) and FRAP 24(a) that an appeal is not taken in good faith, the appellant may either pay the applicable docketing fee or file a motion to proceed in forma pauperis within 14 days after docketing the appeal. If appellant fails to either pay the applicable docketing fee or file the motion to proceed in forma pauperis and any required supporting documents, the clerk is authorized to dismiss the appeal 30 days after docketing of the appeal. Source: 1988 Court Rule 28.1 Cross-References: 28 U.S.C. §1915; FRAP 3(a), 24(a); 3d Cir.

L.A.R. 24.1, 39.2, Misc. 107.2(a) Committee Comments: Subsection (b) was added in 1995 to codify existing practice. Subsection (b) is not intended to preclude a litigant who did not seek leave to proceed in forma pauperis in the district court from requesting leave to proceed in forma pauperis in the court of appeals. 3.4 Notice of Appeal in Pro Se Cases The court will deem a document filed by a pro se litigant after the decision of the district court in a civil, criminal, or habeas corpus case to be a notice of appeal despite informality in its form or title, if it evidences an intention to appeal.

The court will deem an application for leave to appeal in forma pauperis or an application for a certificate of appealability to be a notice of appeal if no formal notice has been filed. The grant or denial of a certificate of appealability by the district court will not be treated as a notice of appeal. Source: 1988 Court Rules 8.1, 8.3 Cross-References: 28 U.S.C. §2253; FRAP 3, 4(d), & 22(b), 24, Form 1, Form 3 Committee Comments: This rule is designed to emphasize that the jurisdictional requirement of a notice of appeal is met in a pro se case by the filing of an informal document, a request for certificate of Table of Contents 3 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 appealability, or a motion for in forma pauperis status in this court, but not by the mere granting or denial by the district court of a certificate of appealability. The portions of prior Court Rule 8 that were repetitive of FRAP 3 and 4 have been deleted; otherwise no substantive change from prior Court Rule 8 is intended.

Technical changes were made in 1997 to conform to the Antiterrorism and Effective Death Penalty Act. The phrase “in this court” was deleted in 2008 to clarify that a request for a certificate of appealability made to a district court when the district court has already ruled on the issue should be construed as a notice of appeal.