FORM OF BRIEFS, THE APPENDIX AND OTHER DOCUMENTS
U.S. Court of Appeals for the Third Circuit
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32.1 Forms of Briefs, Appendices, Motions, and Other Papers documents All briefs, appendices, motions and other documents (collectively “documents") must conform to the following requirements, unless otherwise provided by the FRAP: (a) All documents filed in paper form must be firmly bound at the left margin, and any metal fasteners or staples must be covered. All fasteners must have smooth edges. Use of backbones or spines without stapling is prohibited. Forms of binding such as velo binding and spiral binding are acceptable forms of binding.
(b) All documents must have margins on both sides of each page that are no less than one (1) inch wide, and margins on the top and bottom of each page that are no less than three- quarters (3/4) of an inch wide. (c) Typeface. Briefs must comply with the provisions of FRAP 32(a)(5) and (6). (d) Electronic briefs must be in PDF format; the entire brief must be contained in one electronic file.
(e) Certain personal identifiers must be excluded or redacted from all documents filed with the court as specified in L.A.R. Misc. 113.12 and Judicial Conference policy. Source: 1988 Court Rules 21.2(B), 22 and 22.1 Cross-references: FRAP 27, 32, 40; 3d Cir. L.A.R. 27.0, 35.1 and 35.2 and L.A.R. Misc.
113 Committee Comments: The portions of prior Court Rules 21.2(B) and 22.1 that were repetitive of FRAP 32 were deleted in 1995. The rule was amended to require electronic filing of the brief. The rule was amended in 2008 to require all documents to be filed electronically and to require redaction. Table of Contents 31 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 32.2 Form of Briefs and Appendices (a) Excessive footnotes in briefs are discouraged.
Footnotes must be printed in the same size type utilized in the text. (b) Where a transparent cover is utilized, the underlying cover sheet of the brief or appendix must nevertheless conform to the color requirements of FRAP 32(a)(2) and 32(b)(1). (c) Volume one of the appendix must consist only of (1) a copy of the notice of appeal, (2) the order or judgment from which the appeal is taken, and any other order or orders of the trial court which pertain to the issues raised on appeal (3) the relevant opinions of the district court or bankruptcy court, or the opinion or report and recommendation of the magistrate judge, or the decision of the administrative agency, if any and (4) any order granting a certificate of appealability. Volume one of the appendix may be bound in the paper brief and will not be counted toward the page or type volume limitations on the brief.
All other volumes of the appendix must be separately bound. (d)Where there is a multi-volume appendix, counsel should specify on the cover of each volume the pages contained therein, e.g., Vol. 2, pp. 358-722. Costs to the party entitled to them will be allowed for documents appended to the brief.
(e) Certain personal identifiers must be excluded or redacted from all documents filed with the court as specified in L.A.R. Misc. 113.12 and Judicial Conference policy. Source: 1988 Court Rule 21.2 Cross-references: FRAP 28-32; 3d Cir. L.A.R. 28-32 and L.A.R. Misc.
113 Committee Comments: The portions of prior Court Rule 21.2A that were repetitive of FRAP 32(a) were in 1995. Subsection (a) has been added to curtail the use of footnotes as a means to circumvent the page limitations set forth in FRAP. The Rule has been amended to require that additional relevant opinions be bound in the brief. Subsection (e) was added in 2008 to require redaction.
32.3 Form of Motions and Other Documents Only (a) Briefs and memoranda in support of or in opposition to motions need not comply with the color requirements of FRAP 32(a). (b) Petitions for rehearing en banc in which petitioner is represented by counsel must contain the "Statement of Counsel" required by 3d Cir. L.A.R. 35.1. As required in L.A.R. 35.2 and 40.1 all petitions seeking either panel rehearing or rehearing en banc must include as an exhibit a copy of the panel's judgment, order, and opinion, if any, as to which rehearing is sought.
(c) Certain personal identifiers must be excluded or redacted from all documents filed Table of Contents 32 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 with the court as specified in L.A.R. Misc. 113.12 and Judicial Conference policy. Source: 1988 Court Rules 21.2(B), 22 and 22.1 Cross-references: FRAP 27, 32, 40; 3d Cir. L.A.R. 27.0, 35.1 and 35.2 and L.A.R. Misc.
113 Committee Comments: The portions of prior Court Rules 21.2(B) and 22.1 that were repetitive of FRAP 32 were deleted in 1995. Otherwise no substantive change from prior Court Rules 21.2(B) and 22.1 is intended. Subsection (c) was added in 2008 to require redaction.