L.A.R. Misc. 111.5: Statement of the Case; Exhaustion; Issues Presented

In addition to requirements set forth in 3d Cir. L.A.R. 28 with respect to the contents of motions and briefs, any application, motion, or brief that may result in either a disposition on the merits or the grant or denial of a stay of execution must include:

(a) A statement of the case delineating precisely the procedural history of the case;

(b) With respect to state habeas corpus petitions brought pursuant to 28 U.S.C. § 2254, a statement of exhaustion with respect to each issue presented to the district court indicating whether it has been exhausted and if not, what circumstances exist that may justify an exception to the exhaustion requirement.

(c) The parties must fully address every issue presented to this court. Supplemental briefing will be permitted only by order of this court.

Prior Court Rule 29.4 has no counterpart in FRAP and is therefore classified as Miscellaneous. Except where necessary to reflect the expansion of this rule to reach federal prisoners, no substantive change from prior Court Rule 29.4 is intended.