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US · rules

3d Cir. I.O.P. 10.8

Post-Decision Motions

activein force · 2023-01-06 – presentact-effective-date

10.8.1 Unless the clerk has been designated to act thereon, a motion for extension

of time for filing a petition for rehearing or for leave to file out of time is

referred to the author, who has authority to grant an extension of time. If

the authoring judge votes to deny, the motion is referred to the entire panel

for disposition.

10.8.2 Inasmuch as a stay of mandate is ordinarily not a requirement for filing a

petition for a writ of certiorari, it is the practice of this court not to grant a

motion for stay of the mandate or to recall the mandate unless the failure

to grant a stay affects a substantive right of the applicant.

10.8.3 A motion to amend the judgment of the court is referred to the panel.

10.8.4 A motion to extend time to file a bill of costs is determined by the clerk.

An appeal from the clerk's ruling is referred to the authoring judge, unless

the author was a visiting judge, in which case it is referred to the ranking

active judge who voted with the majority.

Table of Contents

10.8.5 A motion for the approval of a fee under the Criminal Justice Act is

referred to the authoring judge.

10.8.6 If the author is a visiting judge, the ranking active judge of this court on

the panel majority receives responses to the motion, communicates with

the clerk, signs the necessary orders, and has all the administrative

responsibility set forth in this I.O.P. Senior judges on this court may

choose to request the ranking active judge on the panel majority to

undertake the above administrative responsibilities.

10.8.7 A remand from the Supreme Court is referred to the panel which decided

the matter or to the court en banc, as the case may be.

Provenance

Source
uscourts.gov
Retrieved
2026-09-18
Edition
2026-09-18
Content hash
f4392ac7927abcfd0635d5c280561fd754f25281badc7b1b26b87fd54901b5a7
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