L.A.R. 28.1: Brief of the Appellant

(a) The brief of appellant/petitioner must include, in addition to the sections enumerated in FRAP 28, the following:

(1) in the statement of the issues presented for review required by FRAP 28(a)(5), a designation by reference to specific pages of the appendix or place in the proceedings at which each issue on appeal was raised, objected to, and ruled upon;

(2) after the statement of issues for review, a statement of related cases and proceedings, stating whether this case or proceeding has been before this court previously, and whether the party is aware of any other case or proceeding that is in any way related, completed, pending or about to be presented before this court or any other court or agency, state or federal. If the party is aware of any previous or pending appeals before this court arising out of the same case or proceeding, the statement should identify each such case; and

(b) The following statements should appear under a separate heading placed before the discussion of the issue: the statement of the standard or scope of review for each issue on appeal, i.e., whether the trial court abused its discretion; whether its fact findings are clearly erroneous; whether it erred in formulating or applying a legal precept, in which case review is plenary; whether, on appeal or petition for review of an agency action, there is substantial evidence in the record as a whole to support the order or decision, or whether the agency's action, findings and conclusions should be held unlawful and set aside for the reasons set forth in 5 U.S.C. § 706(2).

(c) It is preferred that the documents listed in L.A.R. 32.2(c) be attached to the paper brief. The documents may be filed electronically in a document separate from the brief.

(d) The court expects counsel to exercise appropriate professional behavior in all briefs and to refrain from making ad hominem attacks on opposing counsel or parties.

3d Cir. L.A.R. 28.1, added in 1995, contains a requirement that the appellant must designate where in the proceedings each issue was preserved for appeal. Appellant should cite to the appendix, but if the germane portion of the record is not included in the appendix, the appellant must cite to the original record. If the matter has not been filed of record in the district court, appellant may cite to the original document. 3d Cir. L.A.R. 28.1 no longer requires parties to file a separate statement with the Clerk's Office identifying any previous or pending appeals because such matters must be identified in the briefs. 3d Cir. L.A.R. 28.1 also makes explicit for the first time the court's expectation that counsel will write briefs in a professional manner and refrain from making ad hominem attacks on the opposing side. The portions of prior Court Rule 21.1 that were repetitive of FRAP 28 have been deleted. See L.A.R. 32.2(c) for permissible attachments to the brief.