Paper copies need not be filed unless directed by the clerk. Petitions must
U.S. Court of Appeals for the Third Circuit
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include as an exhibit a copy of the panel's judgment, order, and opinion, if any, as to which rehearing is sought. (b) 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 22.1 Cross-references: FRAP 32(b)(c), 35, 40; 3d Cir.
L.A.R. 32.3 and L.A.R. Misc. 113 Committee Comments: The requirements of electronic filing and redaction was added in 2008. Former subsection (b) was deleted in 2008 because of electronic filing. 35.3 Composition of En Banc Quorum For purposes of determining the majority number necessary to grant a petition for rehearing, all circuit judges currently in regular active service who are not disqualified will be counted.
Source: None Cross-references: FRAP 35; 3d Cir. L.A.R. Misc. 101.0 Committee Comments: Changes were made in 2002 to conform the rule to Internal Operating Procedure Chapter 9. The last sentence of the 2002 rule was deleted in 2008 to conform to amendments to FRAP 35.
35.4 Caution As noted in FRAP 35, en banc hearing or rehearing of appeals is not favored. Counsel have a duty to the court commensurate with that owed their clients to read with attention and observe with restraint the required statement for rehearing en banc set forth in 3d Cir. L.A.R. 35.1. Counsel are reminded that in every case the duty of counsel is fully discharged without filing a petition for rehearing en banc unless the case meets the rigorous requirements of FRAP 35 and 3d Cir.
L.A.R. 35.1. Source: None Cross-references: 28 U.S.C. § 1927; FRAP 35, 38; 3d Cir. L.A.R. 35.1; Third Circuit Internal Operating Procedures, Chapter 9 (1994) Table of Contents 38 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 Committee Comments: New provision in 1995. This rule is modeled after U.S. Ct. of App. 5th Cir.
Rule 35 (1991). The purpose of the rule is to emphasize that the court does not favor requests for hearing or rehearing en banc, and to discourage inappropriate requests from being made. 35.5 Death Penalty Cases The provisions of 3d Cir. L.A.R. Misc.
111.7 govern all petitions seeking hearing or rehearing by the court en banc in all actions challenging a conviction in which a sentence of death has been imposed. Source: 3d Cir. L.A.R. 8.2, 22.2 Cross-Reference: FRAP 35, 3d Cir. L.A.R. Misc.
111.7 Committee Comments: New provision in 1995. To the extent consistent with FRAP and applicable, local procedure in all death penalty proceedings will be governed by 3d Cir. L.A.R. Misc. 111.0.