Most appellate courts view dismissal as a harsh remedy for filing a brief late. Find out the chances your case might be dismissed if this happens.
Is it possible to get an extension on the time to file an appellate brief?
In most cases, yes, especially if both parties agree to the extension. When both parties agree to the deadline to file a brief being extended the appellate court almost always grants the extension. If one party opposes the extension, the extension is still usually granted as long as the extension is reasonable and there is not a time sensitive issued involved with the appeal.
To seek an extension of a briefing deadline, you must file a motion seeking the extension with the appellate court. If the deadline for the extension is opposed, there must be a certification stating that fact. With the advent of e-filing, appellate courts typically rule on an unopposed motion for extension in two to five business days. If the extension is opposed, it may take longer for the appellate court to rule on the extension request.
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