The 3rd Circuit Court of Appeals—like all of the federal circuit courts—uses both the Federal Rules of Appellate Procedure (FRAP), as well as its own set of local rules. The FRAP lays out general practice standards for all of the federal appellate courts, but also allows the circuits to issue their own rules that can expand, limit, or even contradict the FRAP. Accordingly, when you prepare a brief for filing in the 3rd Circuit, you should reference both the FRAP and the local rules.
But sometimes the rules only tell part of the story. Over time, a court’s practices and procedures can shift away from the black-letter rules. So even if you commit yourself to a detailed understanding of the FRAP and the local rules, unless you are a regular practitioner in that court, you might not understand the whole picture.
For example, in the 3rd Circuit Court of Appeals, Local Rule 31.1(a) clearly states that “each party must file ten (10) paper copies…of each brief with the clerk
But if you ask the experts at Cockle Legal Briefs to help you with your 3rd Circuit Court of Appeals filing, we can assure you that the Clerk’s Office only requires 7 paper copies for filing, not 10.
We know this because our experience in the 3rd Circuit—as in all of the federal circuit courts—goes well beyond the rules. Our work in the 3rd Circuit Court of Appeals has taught us that in recent years the Court prefers fewer copies. We can even point to a special Clerk’s Order that asks for fewer paper copies.
Another example: your careful reading of Rule 31.1(b)(3) might lead you to the understandable conclusion that you must ship your paper copies to the Court on the same day that you upload your electronic filing. But what if your last minute edits take you right up to your midnight ECF deadline? It’s 11:55 p.m., you still need to print your final draft, and then try to find a shipper that will accept a late night package—impossible!
But we know how the Rule actually operates, and we can help you work through that dilemma.
This kind of knowledge comes with experience. If you would like to see if we can help you with your next 3rd Circuit Court of Appeals filing, or in any other federal circuit, please give us a call.