MANDAMUS PETITIONS IN CRIME VICTIMS RIGHTS CASES

21.1 Petitions for Writ of Mandamus Pursuant to 18 U.S.C. § 3771(d)(3) (a) A petition for writ of mandamus filed pursuant to 18 U.S.C. § 3771(d)(3), the Crime Victims' Rights Act, must bear the caption "PETITION FOR WRIT OF MANDAMUS PURSUANT TO 18 U.S.C. § 3771(d)(3), CRIME VICTIMS' RIGHTS ACT." Before filing such a petition, the petitioner's counsel, or the petitioner if appearing pro se, must notify by telephone the clerk’s office of the Court of Appeals that such a petition will be filed, and must make arrangements for filing in this court and immediate service of the petition on the relevant parties. (b) The clerk will notify the U.S. Attorney when a petition is received. The government must file a response to the petition within twenty-four hours of notification by the clerk unless the clerk directs otherwise. The government is responsible for notifying those additional victims of whom it is aware of the proceedings.

Any additional victims wishing to join in the action, must file their petitions within twenty-four hours of case opening. (c) A failure to provide advance notice of such petition, in accordance with subsection (a) of this rule, will be deemed consent to the five day continuance permitted in 18 U.S.C. § 3771(d)(3) and may be construed as a waiver of the time limits prescribed by the statute. Source: 18 U.S.C. § 3771(d)(3) Cross-references: FRAP 8, L.A.R. 8.0 Committee Comments: This Rule was added in 2008 to assist the court in complying with the time limits the Act places on decisions. The government is responsible for notifying crime victims of the proceedings.

18 U.S.C. § 3771(c)(1). Table of Contents 9 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011