L.A.R. 27.4: Motions for Summary Action
Local Appellate Rules and Internal Operating Procedures of the Third Circuit — L.A.R. 27.0 Motions
a) A party may move for summary action affirming, enforcing, vacating, remanding, modifying, setting aside or reversing a judgment, decree or order, alleging that no substantial question is presented or that subsequent precedent or a change in circumstances warrants such action. In addition, the court may sua sponte list a case for summary action.
b) Except for a change in circumstances or a change in law, motions for summary action or dismissal should be filed before appellant’s brief is due. The court or the clerk may at any time refer a motion for summary action to a merits panel and direct that briefs be filed.
Notes
No substantive change from current practice or IOP 10.6 is intended. The filing of a motion for summary action does not stay the regular briefing schedule set forth in FRAP 31(a).
Source: Third Circuit Internal Operating Procedures 10.6 (1990)