3d Cir. L.A.R. Misc. 111.4

Motions to Vacate Orders Granting a Stay

(a) Except as provided in 28 U.S.C. § 2262, motions for stay of execution and motions to

vacate stay orders may be filed in docketed requests for certificate of appealability, applications

to file a second or successive petition, or appeals from the denial of injunctive relief. No such

motion may be entertained unless a case has been docketed in this court. If a stay application is

submitted to this court before a district court decision is entered, the clerk must transmit the

motion to the panel designated to hear and dispose of the case.

(b) Documents Required. The movant must file the original and three (3) copies of a

motion and serve all parties. Legible copies of the documents listed in 1-10 below must be

attached to the motion. If time does not permit, the motion may be filed without attachments, but

the movant must file the necessary copies as soon as possible.

(1) The complaint or petition to the district court;

(2) Each brief or memorandum of authorities filed by both parties in the district

court;

(3) The opinion giving the reasons advanced by the district court for granting or

denying relief;

(4) The district court judgment granting or denying relief;

(5) The application to the district court for a stay;

Table of Contents

(6) The district court order granting or denying a stay, and the statement of

reasons for its action;

(7) The certificate of appealability or, if there is none, the order denying a

certificate of appealability;

(8) A copy of each state or federal court opinion or judgment in cases in which

appellant was a party involving any issue presented to this court or, if the ruling was not made in

a written opinion or judgment, a copy of the relevant portions of the transcripts;

(9) A copy of the docket entries of the district court; and

(10) Notice of appeal.

(c) Emergency Motions. Emergency motions or applications, whether addressed to the

court or to an individual judge, must ordinarily be filed with the clerk rather than an individual

circuit judge. If time does not permit the filing of a motion or application in person, by mail, or

electronically, counsel may communicate with the clerk or a single judge of this court and

thereafter must file the motion with the clerk in writing as promptly as possible. The motion,

application, or oral communication must contain a brief account of the prior actions of this court

or judge to which the motion or application, or a substantially similar or related petition for

relief, has been submitted.

Source: 1988 Court Rule 29.3

Cross-references: 28 U.S.C. § 2251; FRAP 8

Committee Comments: Prior Court Rule 29.3 has no counterpart in FRAP and is therefore

classified as Miscellaneous. Except where necessary to reflect the

expansion of this rule to reach federal prisoners, no substantive

change from prior Court Rule 29.3 is intended.