L.A.R. 28.3: Citation Form; Certification

(a) In the argument section of the brief required by FRAP 28(a)(9), citations to federal opinions that have been reported must be to the United States Reports, the Federal Reporter, the Federal Supplement or the Federal Rules Decisions, and must identify the judicial circuit or district, and year of decision. Citations to the United States Supreme Court opinions that have not yet appeared in the official reports may be to the Supreme Court Reporter, the Lawyer's Edition or United States Law Week in that order of preference. Citations to United States Law Week must include the month, day and year of the decision. Citations to federal decisions that have not been formally reported must identify the court, docket number and date, and refer to the electronically transmitted decision. Citations to services and topical reports, whether permanent or looseleaf, and to electronic citation systems, must not be used if the text of the case cited has been reported in the United States Reports, the Federal Reporter, the Federal Supplement, or the Federal Rules Decisions. Citations to state court decisions should include the West Reporter system whenever possible, with an identification of the state court. Hyperlinks to decisions may be used, but are not required, as provided in L.A.R. Misc. 113.13. If hyperlinks are used, citation to a reporter, looseleaf service, or other paper document must be included, if available. If a hyperlink to a paper document is not available, the internet address of the document cited must be included.

(b) For each legal proposition supported by citations in the argument, counsel must cite to any opposing authority if such authority is binding on this court, e.g., U.S. Supreme Court decisions, published decisions of this court, or, in diversity cases, decisions of the highest state court.

(c) All assertions of fact in briefs must be supported by a specific reference to the record. All references to portions of the record contained in the appendix must be supported by a citation to the appendix, followed by a parenthetical description of the document referred to, unless otherwise apparent from context. Hyperlinks to the electronic appendix may be added to the brief. If hyperlinks are used, the brief must also contain immediately preceding the hyperlink a reference to the paper appendix page. Hyperlinks to testimony must be to a transcript. A motion must be filed and granted seeking permission to hyperlink to an audio or video file before such links may be included in the brief or appendix. Hyperlinks may not be used to link to sealed or restricted documents.

(d) Except as otherwise authorized by law, each party must include a certification in the initial brief filed by that party with the court that at least one of the attorneys whose names appear on the brief is a member of the bar of this court, or has filed an application for admission pursuant to 3d Cir. L.A.R. 46.1.

Subsection (b) was adopted in 1995. It imposes upon each party the obligation to cite to authority that is binding on this court, whether that authority supports or opposes the party's propositions. Otherwise, no substantive change from prior Court Rule 21.1 is intended, including the court's longstanding practice of not requiring attorneys representing the United States, or any agency thereof, to be a member of the bar of this court. The rule was amended in 2008 to permit the use of hyperlinks.