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3d Cir. L.A.R. 27.4

Motions for Summary Action

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

a) A party may move for summary action affirming, enforcing, vacating, remanding,

modifying, setting aside or reversing a judgment, decree or order, alleging that no substantial

question is presented or that subsequent precedent or a change in circumstances warrants such

action. In addition, the court may sua sponte list a case for summary action.

b) Except for a change in circumstances or a change in law, motions for summary action

or dismissal should be filed before appellant’s brief is due. The court or the clerk may at any

time refer a motion for summary action to a merits panel and direct that briefs be filed.

Source: Third Circuit Internal Operating Procedures 10.6 (1990)

Cross-references: 28 U.S.C. §2106; FRAP 27; Third Circuit Internal Operating

Procedure 10.6 (1994)

Committee Comments: No substantive change from current practice or IOP 10.6 is

intended. The filing of a motion for summary action does not stay

the regular briefing schedule set forth in FRAP 31(a).

Provenance

Source
uscourts.gov
Retrieved
2026-09-18
Edition
2026-09-18
Content hash
057a9f5447703d70def835e8f0f2022a86b045d10ca39cfec5d866a444026d4a
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