L.A.R. 30.2: Hearing on Original Papers

In cases involving applications for a writ of habeas corpus under 28 U.S.C. §§ 2241, 2254 or 2255, or when permission has been granted for the appellant to proceed in forma pauperis, the appeal will be heard on the original record. Appellants in such cases must strictly comply with the requirements of 3d Cir. L.A.R. 32.2(c) with respect to inclusion of the trial court's opinion or order in the brief, and must also include copies of the docket entries in the proceedings below and the notice of appeal and any order granting a certificate of appealability. These documents must be included in both the electronic and paper brief. In any other case, this court, upon motion, may dispense with the requirement of an appendix and permit an appeal or petition to be heard on the original record, with such copies of the record, or relevant parts thereof, as the court may require.

The requirement of prior Court Rule 10.2 that habeas corpus petitioners or appellants proceeding in forma pauperis attach to their briefs copies of the district court opinion or order appealed from were deleted in 1995 as repetitious of 3d Cir. L.A.R. 32.2(c). 3d Cir. L.A.R. 30.2 cautions such appellants of the importance of complying with 3d Cir. L.A.R. 32.2(c), and further requires them to attach copies of the docket entries below and notice of appeal to the opening brief. The requirement of attaching a copy of the order granting a certificate of appealability was added in 2002. The requirement of electronic filing was added in 2008.