The Third Circuit Announces That it Frowns on Extensions, and Gives Guidance About Certified Questions of State Law

The Third Circuit has issued the attached Notice to Counsel, which covers two subjects.  First, the Court states that “[m]otions for extension of time to file a brief or to otherwise comply with the rules are disfavored.  Motions seeking lengthy extensions and repeated motions for extensions of time may be denied.”  That position is comparable to the Cout’s earlier announcement that requests to file overlength briefs are “strongly disfavored.” 

Second, the Notice to Counsel clarifies the procedure for moving for certification of a question of state law under Local Appellate Rule 110.  That rule states that a motion for certification of a question of state law must be included in the moving party’s brief.  The Notice to Counsel requires that the motion “should also be separately filed on cm/ecf.  Separately filing the motion allows the court and parties to better track pending motions.”