U.S. Court of Appeals for the Third Circuit

Filing

File a motion to certify a question of state law separately on CM/ECF as well as including it in the brief.

“The motion should also be separately filed on cm/ecf.”

Filing

Electronic filers must file the full appendix electronically and file four paper copies with the court.

“All attorneys and all pro se litigants who file electronically must file the full appendix in electronic form. Four paper copies of the appendix must be filed with the court.”

Filing

Unless the Clerk directs otherwise, file seven paper copies of each brief.

“unless the Clerk directs otherwise, parties need file only 7 paper copies, (an original and 6 copies) of each brief.”

Filing

Submit audio or video files to the Clerk on USB drive, CD, or DVD in two copies, and file the submission form through CM/ECF.

“Audio and video submissions shall be sent to the Clerk’s Office on USB flash drive, CD, or DVD. Two (2) copies are required. A completed Audio/Video Submission form shall be filed via CM/ECF”

Motions

For an emergency motion, call the Clerk’s Office during business hours as soon as you know one may be filed.

“Counsel should call the Clerk’s Office at 215-597-2995 during regular business hours as soon as they are aware that an emergency motion may be filed.”

Motions

Include the Immigration Judge and BIA opinions with a motion to stay removal.

“The opinions of the Immigration Judge and the BIA should accompany any motion requesting a stay of removal order.”

Motions

Obtain advance approval to exceed a brief’s page or word limit when possible; requests require extraordinary circumstances and do not receive routine approval.

“motions to exceed the page or word limitations for briefs are strongly disfavored and will be granted only upon demonstration of extraordinary circumstances.”

Motions

If seeking to exceed a brief’s page or word limit without advance approval, explain why the need could not have been foreseen in time.

“Any request to exceed page/word limitations submitted in the absence of such an advance request shall include an explanation of why counsel could not have foreseen any difficulty”

Motions

Motions to extend briefing or other rule deadlines are disfavored; lengthy or repeated requests may be denied.

“Motions for extension of time to file a brief or to otherwise comply with the rules are disfavored. Motions seeking lengthy extensions and repeated motions for extensions of time may be denied.”

Motions

A motion to stay removal that satisfies the order’s four threshold conditions triggers a temporary administrative stay until a motions panel considers the request.

“Upon receipt of a motion for stay of removal that meets the above criteria, pursuant to Internal Operating Procedure 10.4, the Clerk is directed to administratively stay removal until such time as a motions panel can consider the motion.”