I.O.P. 17.4: Dismissal for Lack of Certification Under Fed.R.Civ.P. 54(b)
Local Appellate Rules and Internal Operating Procedures of the Third Circuit — I.O.P. Chapter 17. Sample Forms
When the appeal is dismissed because of lack of certification under Fed.R.Civ.P. 54(b), an order of dismissal ordinarily contains language similar in form to:
The appeal will be dismissed without prejudice to the right of appellant to apply to the district court for a determination and direction under Fed.R.Civ.P. 54(b). However, we express no opinion as to whether the determination and direction should be made, this being a matter within the discretion of the district court. If the determination and direction are made within 30 days, a new appeal may come before us on the present briefs and record supplemented to show subsequent proceedings.
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________________________ ORDER AMENDING INTERNAL OPERATING PROCEDURES
______________________________ PRESENT: CHAGARES, Chief Judge, AMBRO, JORDAN, HARDIMAN, GREENAWAY, Jr., SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS, and FREEMAN, Circuit Judges IT IS ORDERED that amendments to the Court’s Internal Operating Procedures having been reviewed by the Lawyer’s Advisory Committee and approved by the Court are hereby adopted and published by the United States Court of Appeals for the Third Circuit. These procedures supercede all prior editions and all prior orders amending the Internal Operating Procedures.
/s/ Michael A. Chagares Chief Judge DATED: January 6, 2023 A True Copy:
Patricia S. Dodszuweit, Clerk