Copyright © 1997 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
Copyright © 1997 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
Rule 503.5.Extensions of Time for Filing Briefs.
(a) General. A motion for extension of time for filing a brief in the supreme court or the court of appeals must comply with the requirements of Rule 503(a), (b), (c) and (d).
(b) Routine Motions.
(1) The clerk of the appellate courts may grant or deny a routine motion for extension, whether or not the motion is opposed, subject to a motion for reconsideration to be decided by a single judge or justice.
(2) Except as provided in subparagraph (b)(3), an appellant may request routine extensions for opening and reply briefs totaling not more than forty-five days in appeals from district or superior court judgments, original applications, certification of, questions of state law by a federal court, or granted petitions for hearing or review where the court has directed further briefing on the merits. No routine extensions in excess of fifteen days will be granted for the filing of an appellant's reply brief. Appellees may request routine extensions not to exceed thirty days.
(3) Motions requesting routine extensions may not be filed in the following matters:
[a] appeals filed under Rules 215—219;
[b] appeals by the prosecution under 202(c) testing the sufficiency of the indictment; and
[c] matters relating to attorney discipline or disability.
(4) Any other motion for extension of time to file a brief will be classified as a non-routine motion and will be decided by a single appellate judge or justice.
(c) Non-Routine Motions. (1) A non-routine motion for an extension of time will be granted only upon a showing of diligence and substantial need. The motion must be filed before the expiration of the time prescribed for filing the brief, and must be accompanied by an affidavit stating:
(A) when the brief is due;
(B) when the brief was first due and the number and length of previous extensions requested;
(C) the length of the requested extension;
(D) the reason an extension is necessary;
(E) movant's representation that movant has exercised diligence and that the brief will be filed within the time requested; and
(F) whether any other party separately represented objects to the request, or why the moving party has been unable to determine any such party's position.
A conclusory statement as to the press of business does not constitute a showing of diligence and substantial need.
(2) A non-routine motion that would extend the time for filing a brief more than 60 days beyond the original due date will be granted only upon a showing of extraordinary and compelling circumstances and may be conditioned on the payment of sanctions in a sum of not more than $500. In a civil case, the court may order that such sanctions be paid to parties who have opposed the extension.
(d) Oppositions to Motions for Extension. If a timely opposition to a motion for extension is filed after the motion for extension is granted, the opposition will be treated as a motion for reconsideration and will be assigned to a justice or judge for determination pursuant to Rule 503(f). Any party objecting to the ruling on such a motion for reconsideration may move for reconsideration by the full court pursuant to Rule 503(g).
(SCO 871 effective July 15, 1988; amended by SCO 926 effective January 15, 1989; and by SCO 1209 effective July 15,1995)
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Copyright 1997 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 9/7/97