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3d Cir. L.A.R. Misc. 107.3

Non-Conforming Motion, Brief or Appendix

activein force · 2011-08-01 – presentact-effective-date

If a motion, brief, or appendix submitted for filing does not comply with FRAP 27 - 32 or

3d Cir. L.A.R. 27.0 - 32.0, the clerk will file the document, but notify the party of the need to

promptly correct the deficiency. The clerk will also cite this rule and indicate to the defaulting

party how he or she failed to comply. In the event a party subsequently corrects the deficiencies

in either a brief or appendix pursuant to this rule and that party prevails on appeal, costs which

were incurred in order to bring the brief or appendix into compliance may not be allowed. If the

party fails or declines to correct the deficiency, the clerk must refer the defaulting document, any

motion or answer by the party, and pertinent correspondence to a judge of this court for review.

If the court finds that the party continues not to be in compliance with the rules despite the notice

by the clerk, the court may, in its discretion, impose sanctions as it may deem appropriate,

including but not limited to the dismissal of the appeal, striking of the document, imposition of

costs or disciplinary sanctions upon counsel.

Source: 1988 Court Rule 21.4

Cross-references: FRAP 3(a), 30(b)(2), 38; 3d Cir. L.A.R. 27.0 - 32.0

Committee Comments: Prior Court Rule 21.4 had no counterpart in FRAP and is therefore

classified as Miscellaneous. No substantive change from prior

Court Rule 21.4 is intended.

Provenance

Source
uscourts.gov
Retrieved
2026-09-18
Edition
2026-09-18
Content hash
b6e6ff73916599a19f9cad342c3f3291eab76d209414f4df2466cc9c59bac08b
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