I.O.P. 10.8: Post-Decision Motions
Local Appellate Rules and Internal Operating Procedures of the Third Circuit — I.O.P. Chapter 10. Motion Practice
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.
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.