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Thank you for taking the time to review the website for On-Point Paralegal Services, LLC. Our associates specialize in preparing appellate briefs and appendixes for the Third Circuit Court of Appeals at FLAT RATES. The Third Circuit Court of Appeals reviews orders and judgments rendered from federal courts located in Delaware
New Jersey, Pennsylvania and the Virgin Islands.

We offer an all-inclusive service. You will not need to do anything except review our work product, perform reproduction and service and appear for argument. Our associates will review the trial record, prepare and paginate the appendix complete with table of contents, isolate the issues that are ripe for appellate review, conduct the necessary legal research and prepare the appellate brief. Our work product is in strict compliance with the rules and mandates of the Third Circuit Court of Appeals.

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TIPS FOR THIRD CIRCUIT APPEALS

TABLE OF CONTENTS

Notice of Appeal

Within 10 Days of Filing Notice of Appeal

Number of Briefs and Appendixes to Be Filed

Contents and Format of Appendix

Brief Format and Contents

Time for Filing Briefs and Appendixes

Motions

Oral Argument

Notice of Appeal:

The time for filing a notice of appeal (30 days, FRAP 4(a)(1)(A)) runs from the date of the order disposing of the last motion (so that if a motion for reconsideration is filed, the time will begin from scratch). FRAP 4(a)(4)(A). The notice of appeal is filed with the District Court Clerk, FRAP 3(a)(1), and that Clerk will serve all parties and file the Notice of Appeal with the Court of Appeals. FRAP 3(d)(1).

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Notice of Appeal gets filed with the USDC and a copy upon the trial judge. The clerk will effectuate service upon the adversaries and will file the papers with the Third Circuit. LAR 3.1.

Within 10 Days of Filing Notice of Appeal:

Within 10 days after filing a Notice of Appeal the following documents must be filed with the Third Circuit:

(a) Appellant must make a deposit with the court reporter for the transcripts or otherwise file a statement that no transcripts are necessary (FRAP 10(b)),

(b) Appellant must file a Concise Summary of the Case for purposes of mediation with a copy of the relevant Order and Opinions attached to it (LAR 33.2),

(c) Appellant must file a Civil Appeal Information Sheet (LAR 33.2)

(d) All attorneys must file an appearance that includes that address that materials shall be served at (LAR 46.2)

(e) All attorneys must file a Representation Statement as to whom they represent (FRAP 12(b)). FRAP 10(b)(1) et seq. and,

(f) Within 10 days of when the record is filed, the appellant must send a designation to all adversaries advising what the contents of the appendix will be and asking whether additional materials need to be added. FRAP 30(b)(1). The appellee then has 10 days to ask for additional materials to be included. FRAP 30(b)(1).

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Number of Briefs and Appendixes to Be Filed:

Although the Federal Rules of Appellate Procedure provide that twenty-five copies of each brief must be filed with the court and 10 copies of each appendix, FRAP 30(a)(3), the Third Circuit’s Local Rules provide that only 10 copies of brief must be filed with 4 copies of the appendix along with two copies of the brief and one copy of the appendix upon each adversary. LAR 30(a)(3) and 31.1.

Contents and Format of Appendix:

Appendixes are governed by FRAP 30 and LAR 28 and 32. By Local Rule, the first volume of the appendix is bound to the brief, and all other volumes are bound separately. The first appendix volume – i.e. the one attached to the brief – must contain the documents referred to in LAR 32.2(c), viz. (a) notice of appeal, (b) order appealed from, relevant opinion if any, (c) relevant certificate of appealability if any, no more than 25 additional pages. LAR 32.2.

Brief Format and Contents:

Briefs must have one inch margins, velobinding is explicitly acceptable. LAR 32.1. FRAP 32(a)(5) and (6) must be complied with. The contents of the briefs, along with the order in which they must appear, is set forth at FRAP 28(a) et seq. The principle brief of the appellant and the appellee may not exceed 30 pages and a reply brief may not exceed 15 pages. FRAP 32(a)(7)(A). Brief cover colors are governed by FRAP 32(a)(2) and (b)(1). Appellant’s brief cover must be blue, appellee’s must be red, intervenor’s or amicus’ must be green, replies are green and supplemental are tan. FRAP 32(a)(2). The contents of the cover is set forth at FRAP 32(a)(2) et seq. Separately bound appendix covers must be white. FRAP 32(b)(1). Times New Roman 14 pitch font should be used. FRAP 32(a)(5).

All motions and briefs must contain a statement of the case which contains the procedural history of the case. LAR 111.5.

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Time for Filing Briefs and Appendixes:

Appellant’s brief must be filed within 40 days after the record is filed, appellee must file a response brief within 30 days after filing of appellant’s brief and appellant’s reply brief must be filed within 14 days after the filing of appellee’s response brief. FRAP 31(a). An adversary may move to strike if the brief is not timely filed. FRAP 31(c).

Motions:

Motions are governed by FRAP 27(a). A notice of motion, brief or proposed order is not required. FRAP (a)(2)(C) et seq. All that is required is an affidavit with supporting exhibits and, presumably, a certification of service. FRAP 29(a)(2) et seq. Response to motion is due within 8 days after service of the motion, FRAP 27(a)(3)(A), a cross-motion must be filed within the said 8 day period, FRAP 27(a)(3)(B), and a reply to a response is due within five days after service of the response and the reply may not make any arguments not related to the response. FRAP 27(a)(3)(B). Covers for motion papers are not required, but if they are used, they must be white. FRAP 27(d)(1)(B). A motion or a response may not exceed 20 pages and a reply may not exceed 10 pages. FRAP 27(d)(2). An original and three copies must be filed unless local rule provides otherwise, FRAP 27(d)(3) (the Third Circuit’s Local Rules require an original and four copies and a certification of service, LAR 25(d) and 27(d)(3))). No oral argument unless the court orders it. FRAP 27(e).

Motion brief covers do not need to be colored. LAR 32.3. All motions and briefs must contain a statement of the case which contains the procedural history of the case. LAR 111.5.

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Oral Argument:

Requests for oral argument are governed by LAR 27.1, 34.1 and 34.3, and are rarely granted. If oral argument is desired, within (7) days of the filing of appellee’s or repondent’s brief, appellant’s counsel must file a statement of why oral argument should be had and for what length of time. LAR 34.1(b).

NOTICE TO NON-ATTORNEYS

In order to retain these services you must either be a licensed attorney or a pro se non-attorney who wishes to retain us as a consultant to your attorney. Many parties choose this option if they want to have a paralegal prepare conduct their legal research at a significantly lesser rate than would be charged by an attorney, providing that their attorney is amenable to such an arrangement. We do not interfere with attorney-client relationships.

If you choose this option, our work product will be provided to your attorney in an editable format via CD or e-mail. If you pay us directly we will also serve you with a copy of the work product. If you are pro se or pro per, we will prepare a pro se brief and appendix for you that is ready to be signed and submitted as-is, but you will need an attorney who will accept a copy of the materials on your behalf.

If you retain us, you are technically retaining us to prepare the brief and appendix for the attorney, not for you, although the brief can be prepared as a pro se brief upon request. We will not provide you legal advice. Although such an arrangement allows us to provide you low cost brief writing and legal research services, this only allows us to conduct your legal research and prepare you a legal brief. It does not allow us to provide you legal advice or counsel. Only a licensed attorney may provide you legal advice.

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