L.A.R. Misc. 107.3: Non-Conforming Motion, Brief or Appendix

If a motion, brief, or appendix submitted for filing does not comply with FRAP 27 - 32 or 3d Cir. L.A.R. 27.0 - 32.0, the clerk will file the document, but notify the party of the need to promptly correct the deficiency. The clerk will also cite this rule and indicate to the defaulting party how he or she failed to comply. In the event a party subsequently corrects the deficiencies in either a brief or appendix pursuant to this rule and that party prevails on appeal, costs which were incurred in order to bring the brief or appendix into compliance may not be allowed. If the party fails or declines to correct the deficiency, the clerk must refer the defaulting document, any motion or answer by the party, and pertinent correspondence to a judge of this court for review.

If the court finds that the party continues not to be in compliance with the rules despite the notice by the clerk, the court may, in its discretion, impose sanctions as it may deem appropriate, including but not limited to the dismissal of the appeal, striking of the document, imposition of costs or disciplinary sanctions upon counsel.

Prior Court Rule 21.4 had no counterpart in FRAP and is therefore classified as Miscellaneous. No substantive change from prior Court Rule 21.4 is intended.