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Amendments to Third Circuit Rules Effective August 1

By Robyn Hagan Cain on August 05, 2011 | Last updated on March 21, 2019

The Third Circuit Court of Appeals implemented five changes to its Local Appellate Rules this week. The amendments, which became effective on August 1, affect Local Appellate Rules 26.1.0, 31.4, 33.0, 39.3, 46.3.

Changes to the rules address corporate disclosure statements, brief extension timelines, electronic filing in mediation, document reproduction costs, and law student eligibility to appear before the court.

Details of the changes are outlined below.

  • 26.1.0. The court amended the Corporate Disclosure Rule 26.1.1, “Disclosure of Corporate Affiliation and Financial Interest,” to include a subpart (d), stating, “In criminal appeals, the government must file a disclosure statement if an organization is a victim of the crime. If the organizational victim is a corporation, the statement must also identify any parent corporation and any publicly held corporation that owns 10% or more of its stock to the extent it can be obtained through due diligence. The government may seek to be relieved from the requirements of this rule by filing a motion demonstrating that compliance is impossible.”
  • 31.4. The court amended the Motions for Extension of Time to File a Brief rule to include a confirming letter requirement. The provision states, “If a request for extension of time is made and granted orally, Filing Users are notified by the notice of docket activity generated by the court’s electronic docketing system; counsel must send a confirming letter to parties who are not Filing Users within 7 days.”
  • 33.0. The Appellate Mediation Program rule was amended to reflect the new mediator title, “Chief Circuit Mediator” and to accommodate electronic filing.
  • 39.3. The Taxation of Reproduction Costs rule was amended to conform to L.A.R. 31 regarding copies to be served on opposing counsel and to clarify that costs for reproduction of paper briefs for opposing parties are recoverable only if paper briefs are actually provided.
  • 46.3. The Entry of Appearance by Eligible Law Students rule was amended to replace the Canons of Professional Ethics with the Model Rules of Professional Responsibility. This amendment does not reflect any substantive changes.

The Local Appellate Rules are supplementary to the Federal Rules of Appellate Procedure.

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