Free Motion to Stay - District Court of Delaware - Delaware

Case 1:04-cv-00146-JJF

Document 37-34

Filed 10/11/2005

Page 1 of 3

EXHIBIT "25"

330

Case 1:04-cv-00146-JJF

Document 37-34

Filed 10/11/2005

Page 2 of 3

United States Court of Appeals for the Third Circuit

Local Appellate Rules

January 2002

331

Case 1:04-cv-00146-JJF
3RD CIRCUIT LOCAL APPELLATE RULES

Document 37-34

Filed 10/11/2005

Page 3 of 3

January 1, 2002 - Page 24

27.6

Motions Decided By The Clerk

If the court so orders, the clerk may entertain and dispose of any motion that can ordinarily be disposed of by a single judge of this court under the provisions of FRAP 27(c) and 3rd Cir. LAR 27.5, provided the subject of the motion is ministerial, relates to the preparation or printing of the appendix and briefs on appeal, or relates to calendar control. If application is promptly made, the action of the clerk may be reviewed in the first instance by a single judge or by a panel of the court. Source: Cross-references: Committee Comments: 1988 Court Rule 11.5 FRAP 27 No substantive change from prior Court Rule 11.5 is intended.

27.7

Motions in Which Expedited Consideration is Requested

If the court or clerk determines that a motion requires expedited consideration, the court or the clerk shall direct that a response in opposition, if any, must be filed within seven (7) days after service of the motion and any reply within three (3) days after service of the response unless a shorter time is directed by the court or clerk. Service of documents filed under this rule, including the initial motion shall be in accordance with L.A.R. 27.2 unless the court or clerk directs that a more expeditious method of service be used. To the fullest extent possible, the clerk should be given advance notice that a motion requiring expedited consideration may be filed. Source: Cross-references: Committee Comments: New Provision LAR 8.0 Section 27.7 was added to clarify procedures for expedited motions.

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