Instructions for Filing an Emergency Motion

Similar documents
3RD CIRCUIT LOCAL APPELLATE RULES Proposed amendments Page 1

PETITIONS FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF THE VIRGIN ISLANDS

CIRCUIT COURT PROCEDURES FOR CIVIL ACTIONS

FOR IMMEDIATE RELEASE

OFFICE OF THE CLERK B

PlainSite. Legal Document

Beyond Briefs: Motion Practice in Civil Appeals in The Tenth Circuit

RULES OF THE JUDICIAL COUNCIL OF THE SECOND CIRCUIT GOVERNING COMPLAINTS AGAINST JUDICIAL OFFICERS UNDER 28 U.S.C. 351 et. seq. Preface to the Rules

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Office of the Clerk. After Opening a Case Pro Se Appellants (revised December 2012)

Rule Change #1998(14)

United States Court of Appeals for the Federal Circuit Proposed Changes to the Rules of Practice. Federal Circuit Rule 1

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. Administrative Order Gen

CIRCUIT COURT OF COOK COUNTY DOMESTIC RELATIONS DIVISION CALENDAR 94, COURTROOM CL12 CHICAGO, IL (312)

Case , Document 1-1, 04/21/2017, , Page1 of 2

SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES CHAPTER NINE APPELLATE DIVISION RULES...201

Case 3:13-cv SC Document 39 Filed 01/09/14 Page 1 of 5

SOUTHWEST INTERTRIBAL COURT OF APPEALS RULES OF APPELLATE PROCEDURE

UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. Office of the Clerk. December 2012 (Last Revised: December 2013)

RULE 17 FACSIMILE FILING APPLICABILITY These rules apply to civil and criminal proceedings in the Court of Common Pleas, Clermont County, Ohio.

FACSIMILE FILING RULE FOR SIDNEY MUNICIPAL COURT

Third Circuit Civil Appeals: Motions

UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT Washington, D.C. RULES OF PROCEDURE Effective November 1, 2010

A The following shall be assigned to the appellate division:

VIRGIN ISLANDS SUPREME COURT RULES (as amended November 2, 2011)

Case GLT Doc 644 Filed 06/30/17 Entered 06/30/17 13:52:10 FILED Desc Main Document Page 1 of 20

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. Administrative Order Gen

General Docket Third Circuit Court of Appeals. Court of Appeals Docket #: Docketed: 03/08/1994

CASE NO: FORECLOSURE SCHEDULING ORDER. 1. Any prior order referring this case to Senior Judge Sandra Taylor is hereby VACATED.

LOUISIANA STATE BAR ASSOCIATION LAWYER DISPUTE RESOLUTION PROGRAM RULES (Prev. Rev. 10/06/00) Effective May 1, Preamble

CIRCUIT COURT PROCEDURES FOR CIVIL ACTIONS

Case: , 08/14/2017, ID: , DktEntry: 46-1, Page 1 of 3 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

CHAPTER 7. BOARD OF APPEALS

FIFTH CIRCUIT COURT OF APPEALS

ARBITRATION RULES. Arbitration Rules Archive. 1. Agreement of Parties

LEWIS A. KAPLAN United States District Judge United States Courthouse 500 Pearl Street New York, NY 10007

NOTICE OF ELECTRONIC FILING

Third Circuit Civil Appeals: Oral Argument, Disposition, and Rehearing

FIFTH CIRCUIT PRACTICE

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

Case: Document: 484 Page: 1 08/06/

SIXTH DISTRICT COURT OF APPEALS LOCAL RULES. Pursuant to App.R. 1, the following local rules have been adopted by this court.

SHAKER HEIGHTS MUNICIPAL COURT LOCAL RULES OF PRACTICE

City of Midland. Freedom of Information Act. (P.A. 442 of 1976, as amended) Administrative Policy

APPELLATE PRACTICE WESTERN NEW YORK. How To Take and Perfect Appeals

ELY SHOSHONE RULES OFAPPELLATE PROCEDURE

Case: Document: 15 Filed: 07/06/2016 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. Filed: July 06, 2016

THE COURTS MONROE COUNTY

Case: /13/2010 Page: 1 of 6 ID: DktEntry: 151

INTERNAL REGULATIONS OF THE FEI TRIBUNAL

NOTICE OF ELECTRONIC FILING

Initial Pre-hearing Arbitration Scheduling Order. Parties

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

Nordyke v. King No (9th Cir. En Banc Review)

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No Plaintiffs-Appellees,

RULE 13.1 Filing and service electronic-transmission filings

SEVENTH CIRCUIT BRIEF FILING CHECKLIST

ONTARIO SECURITIES COMMISSION PRACTICE GUIDELINE

Case: , 07/03/2017, ID: , DktEntry: 12-1, Page 1 of 3 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

FREQUENTLY ASKED QUESTIONS REGARDING FILING APPEALS IN THE COURT OF APPEALS OF GEORGIA

Chapter II BAY MILLS COURT OF APPEALS

Case: , 04/24/2017, ID: , DktEntry: 23-1, Page 1 of 2 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

LOCAL RULES OF COURT FOR BRYAN MUNICIPAL COURT

MARYLAND RULES OF PROCEDURE TITLE 16 - COURT ADMINISTRATION CHAPTER ACCESS TO COURT JUDICIAL RECORDS

RULES OF THE TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT CHAPTER MEDIATION AND HEARING PROCEDURES TABLE OF CONTENTS

RULES OF PROCEDURE OF THE DISCIPLINE COMMITTEE OF THE COLLEGE OF REGISTERED PSYCHOTHERAPISTS AND REGISTERED MENTAL HEALTH THERAPISTS OF ONTARIO INDEX

PATENT COOPERATION TREATY. Date of mailing. (day/month/year) PAYMENT DUE. (day/month/year)

ADMINISTRATIVE RULES FOR CONTESTED CASE HEARINGS MUNICIPAL EMPLOYEES RETIREMENT SYSTEM OF MICHIGAN. Effective June 1, 2016 Amended June 19, 2017

RECORDS RETENTION AND DISPOSITION SCHEDULE

LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS

Actions at Law / Civil Action / Pleadings

Perfecting Civil Appeals in the New York State Appellate Division: Which of the Three Available Methods is Perfect for Your Case?

New Jersey No-Fault Automobile Arbitration RULES. Effective May 1, New Jersey No-Fault Automobile Arbitration Rules

Labor Chapter ALABAMA DEPARTMENT OF LABOR ADMINISTRATIVE CODE CHAPTER ADMINISTRATIVE PROCEDURE TABLE OF CONTENTS

Roster Lawyers Tariff of Fees

Cuyahoga County Court of Common Pleas Juvenile Division Local Rules

LOCAL RULES OF THE DISTRICT COURT. [Adapted from the Local Rules for the U.S. District Court for the Southern District of Indiana]

LOCAL RULES OF THE COURT OF APPEAL, FOURTH CIRCUIT SUPPLEMENTING AND/OR SUPERSEDING UNIFORM RULES OF LOUISIANA COURTS OF APPEAL

[Dist Ct. No.: 3:12-CV WHO] IN THE UNITED STATES COURT OF APPEAL FOR THE NINTH CIRCUIT. JOHN TEIXEIRA; et al., Plaintiffs - Appellants, vs.

THE SMALL CLAIMS COURT ACT (No. 2 of 2016) THE SMALL CLAIMS COURTS RULES, 2017

LOCAL RULES OF THE HARDIN COUNTY COMMON PLEAS COURT

Distinctions with a Difference: A Comparison of Federal and State Court Appeals

Case: , 12/29/2014, ID: , DktEntry: 20-1, Page 1 of 3 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

LR IN CAMERA SUBMISSIONS AND SEALED DOCUMENTS.

233 RD District Court Policies and Procedures. C. Scheduling: All trials and hearings will be scheduled by the court s coordinator.

WYOMING RULES OF CIVIL PROCEDURE FOR CIRCUIT COURTS

BOWLING GREEN MUNICIPAL COURT LOCAL RULES OF PRACTICE

IMPASSE RESOLUTION PROCEDURES MANUAL ( ) Pg. 1 of 9

RULES OF APPELLATE PROCEDURE NOTICE

U.S. District Court District of Oregon (Portland) CIVIL DOCKET FOR CASE #: 3:02-cv KI

CITY OF FAIRLAWN, OHIO MAYOR S COURT

RULES OF PROCEDURE OF THE DISCIPLINE COMMITTEE OF THECOLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO INDEX

BY-LAW NO. 44 ONTARIO COLLEGE OF SOCIAL WORKERS AND SOCIAL SERVICE WORKERS - RULES OF PRACTICE AND PROCEDURE OF THE DISCIPLINE COMMITTEE

Case 5:14-cv BLF Document 798 Filed 09/26/18 Page 1 of 7

RULES OF PROCEDURE OF THE FITNESS TO PRACTISE COMMITTEE OF THE ONTARIO COLLEGE OF SOCIAL WORKERS AND SOCIAL SERVICE WORKERS INDEX

Appellate Case: Document: Date Filed: 02/10/2016 Page: 1 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

Tennessee Department of Labor and Workforce Development Bureau of Workers' Compensation

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) Case No. MC JFW(SKx)

Information. Appeals & Hearings. International Association of Plumbing & Mechanical Officials

A GUIDE TO ILLINOIS CIVIL APPELLATE PROCEDURE

Transcription:

Instructions for Filing an Emergency Motion Counsel should read the following instructions prior to completing the attached form. After the form is completed please transmit the completed form to the Clerk's Office by facsimile machine at (215)597-6956. SUBMISSIONS TO THE COURT BY FACSIMILE MACHINE ARE ONLY PERMITTED UPON EXPRESS AUTHORIZATION BY THE CLERK. SEE 3RD CIR. LAR 25.1 (July 1, 1993) The Court's policy is that emergency motions should be presented to the Clerk's office in the first instance, rather than to a single judge. Any requests that a motion be directed to a single judge should, except in extraordinary circumstances, be cleared with the Clerk's office before approaching the judge directly. In the event that a motion is submitted to a single judge, it is the Court's practice that any relief granted by that judge will limited only to that necessary to retain the status quo until the matter may be considered by a full panel of the Court. Before filing an emergency motion, please make sure that: (1) the attorney making the motion is a member of the Third Circuit Court of Appeal's Bar; and, (2) that a notice of appeal has been filed and all applicable fees paid. The following steps must be complied with when filing an emergency motion: (1) The following documents must be submitted with the motion: (a) an original and three (3) copies of the motion; (b) certified copies of the following documents: (i) the notice of appeal; (ii) the district court from docket; (iii)the order appealed (c) and pursuant to F.R.A.P. 26.1 and 3rd Cir LAR Rule 26.1 (July 1, 1993), an original

and four (4) statement for copies of a disclosure the party represented. (2) Opposing counsel must be hand served. If time constraints prohibit actual service of the motion in sufficient time for other parties to the appeal to respond, the moving party must notify the other parties of the filing of the motion by facsimile machine or orally. 3rd Cir. LAR 27.2 (July 1, 1993);

(3) Pursuant to Chapter 10.2.2 of the Internal Operating Procedures, the Clerk may direct that the emergency motion be hand-delivered or delivered via facsimile to the judge designated to dispose of the motion or to some other location. The Court should receive as much advance notice as possible that an emergency motion is to be filed and the motion must be filed as far in advance of the date on which a decision is needed as possible. Counsel owes a duty of candor to the Court in regards to what is, and what is not, an actual emergency situation. If a stay is requested, a copy of the district court's order denying the stay and the district court's statement of reasons for the denial must also be submitted in addition to those documents listed above. See F.R.A.P. Rule 8 and 3rd Cir. LAR 8.1 and 18.1 (July 1, 1993). If the motion is in the nature of a motion to expedite the motion must be filed within fourteen (14) days of the date the notice of appeal was filed. See 3rd Cir. LAR 4.1 (July 1, 1993). The motion must include the following information: (1) a statement of whether transcripts are needed and (2) a proposed briefing schedule. If unanticipated events lead to the need to expedite the appeal, a motion to expedite may be filed more than fourteen days after the date on which the notice of appeal was filed. The motion must be filed within fourteen days of the emergency. Any such motion must describe the circumstances which led to the filing of the motion.

REV. 7/93

Emergency Motion Information Sheet Date Name Law Firm Address Telephone No. Facsimile No. Opposing Counsel Law Firm Address Telephone No. Facsimile No. Caption D.C. No. District Court location: Notice of appeal filed: C.A. No. District Court Judge Motion for If the motion is related to bail please answer the following: Defendant is is not incarcerated If Defendant is not incarcerated - Report date Date by which the Court must act Nature of the emergency

REV. 7/93 Extra Pages May be Used if Necessary