L.A.R. 27.2: Service
Local Appellate Rules and Internal Operating Procedures of the Third Circuit — L.A.R. 27.0 Motions
(a) Counsel must file electronically all motions, responses to motions, and replies to such responses in accordance with the procedures of L.A.R. Misc. 113. No paper copies of motions need be filed unless directed by the clerk.
(b) Service of electronically filed documents is governed by L.A.R. Misc. 113.4. If the opposing party has not consented to electronic service, the filer must use an alternate method of service prescribed FRAP 25(c). The method of service, whether electronic through the court’s docketing system or by alternate means, must be specified in the certificate of service. Motions must ordinarily be served on other parties by means equally expeditious to those used to file the motion with the court. When time does not permit actual service on other parties, or the moving party has reason to believe that another party may not receive the motion in sufficient time to respond before the court acts (as in certain emergency motions), the moving party should notify such other parties by telephone, e-mail, or facsimile of the filing of the motion.
(c) Certain personal identifiers must be excluded or redacted from all documents filed with the court as specified in L.A.R. Misc. 113.12 and Judicial Conference Policy.
Notes
New provision in 1995. The period for filing a response provided by FRAP 27(a) runs from the time of service. If service is not effectuated promptly, the disposition of the motion may be delayed or parties opposing the motion may not have an opportunity to respond before the court rules on the motion. Amendments made in 2008 regarding electronic filing. The notice of docket activity generated by cm/ecf notes whether notice has been sent to opposing parties by the court’s electronic docketing system. This does not substitute for a certificate of service.