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3d Cir. L.A.R. Misc. 111.2

Preliminary Requirements

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

(a) In aid of this court's potential jurisdiction, each party in any proceeding filed in any

district court in this circuit challenging the imposition of a sentence of death pursuant to a federal

or state court judgment must file a "Certificate of Death Penalty Case" with any initial pleading

filed in the district court. A certificate must also be filed by the U.S. Attorney upon return of a

verdict of death in a federal criminal case. The certificate will include the following information:

names, addresses, and telephone numbers of parties and counsel; if set, the proposed date of

Table of Contents

execution of sentence; and the emergency nature of the proceedings. Upon docketing, the clerk of

the district court will transmit a copy of the certificate, together with a copy of the petition, to the

clerk of this court.

(b) Upon entry of an appealable order in the district court, the clerk of the district court

and appellant's counsel will prepare the record for appeal. The record will be transmitted to this

court within 5 days after the filing of a notice of appeal from the entry of an appealable order

under 18 U.S.C. § 3731, 28 U.S.C. § 1291, or 28 U.S.C. § 1292(a)(1), unless the appealable

order is entered within 14 days of the date of a scheduled execution, in which case the record

must be transmitted immediately by expedited delivery.

(c) Upon the entry of a warrant or order setting an execution date in any case within the

geographical boundaries of this circuit, and in aid of this court's potential jurisdiction, the clerk is

directed to monitor the status of the execution and any pending litigation and to establish

communications with all parties and relevant state and/or federal courts. Without further order

of this court, the clerk may direct parties to lodge with this court up to five copies of (1) relevant

portions of previous state and/or federal court records, or the entire record, and (2) pleadings,

briefs, and transcripts of any ongoing proceedings.

Source: 1988 Court Rule 29.1

Cross-references: 18 U.S.C. § 3731, 28 U.S.C. §§ 1291, 1292

Committee Comments: Prior Court Rule 29.1 has no counterpart in FRAP and is therefore

classified as Miscellaneous. The prior rule's general reference to a

"certificate providing specific information" has been changed to

the more specific "Certificate of Death Penalty Case" to reflect

current practice. Subsection (c) directs the clerk to establish lines

of communication with the sentencing court and other concerned

parties and to authorize the filing of documents and court records

in advance of the court's jurisdiction. This section has been added

because some parties in recent cases have challenged the clerk's

authority to request information in the absence of a docketed

appeal. Because early warning is critical, the court expressly

delegates this authority to the clerk pursuant to this local rule.

Provenance

Source
uscourts.gov
Retrieved
2026-09-18
Edition
2026-09-18
Content hash
23f5e8187b6ae7b1c7038500a14744d5589f520e70ea6083f71a361995b17b5b
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3d Cir. L.A.R. Misc. 111.2 — Preliminary Requirements · binding.law