I.O.P. 10.3: Procedure
Local Appellate Rules and Internal Operating Procedures of the Third Circuit — I.O.P. Chapter 10. Motion Practice
10.3.1 Each standing motions panel sets its own procedures for conference and disposition. The presiding judge of each standing motions panel enters the order, generally on the motion form supplied by the clerk, or requests another judge to do so. The order notes a dissenting vote on request of the dissenting judge.
10.3.2 When a certificate of appealability is granted on behalf of an indigent appellant pursuant to 28 U.S.C. Section 2254 or Section 2255, the clerk appoints counsel for the appellant unless the court instructs otherwise.
10.3.3 A motion for reconsideration or rehearing of any standing motions panel or merits panel decision on a motion, other than a case-dispositive ruling, is referred only to that standing motions panel or merits panel and not to the court en banc. A petition for rehearing of a case-dispositive ruling is referred to the court en banc according to the procedures for petitions for rehearing. Non-case-dispositive rulings by either the merits panel or standing motion panel are referred to the court en banc only if the panel so orders.
10.3.4 The standing motions panel determines whether there shall be oral argument on a motion in the same manner as for an appeal.
10.3.5 A motion panel may grant a motion to dismiss an appeal. If the motion seeks dismissal for lack of jurisdiction or for untimeliness, and the panel votes not to grant the motion, the motion is referred by order, without decision and without prejudice, to the merits panel.
10.3.6 A certification under 28 U.S.C. Section 1292(b), or other similar statute or rule, by a motions panel does not in any manner bind or restrict the merits panel.