L.A.R. 3.1: Notice to Trial Judge; Opinion in Support of Order

No later than 30 days after the docketing of a notice of appeal, the trial judge may file and transmit to the parties a written opinion or a written amplification of a prior written or oral recorded ruling or opinion. Failure to give notice of the appeal to the trial judge will not affect the jurisdiction of this court.

A district court may properly prepare an opinion or memorandum explaining a decision after an appeal is taken. The rule is not intended to inhibit or discourage district courts from preparing opinions as they presently do. To the contrary, the rule was designed to provide more flexibility. Prior Court Rule 8.4 was amended in 1995 to apply to all appellants, not simply pro se habeas corpus petitioners. Otherwise, no substantive change from prior Court Rule 8.4 was intended. This rule does not authorize a trial judge to change a prior ruling except as provided by F.R.C.P. 59(e). For procedures under F.R.C.P. 60(b) when a case is on appeal, see Venen v. Sweet, 758 F.2d 117, 120 (3d Cir. 1985). The rule was amended in 2008 to change the time from 15 to 30 days. A requirement to notify the district court judge of the filing of a notice of appeal was deleted in 2008 because the district court’s automated docketing system (cm/ecf) will do so.