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Maverick, Attorney
Category: Personal Injury Law
Satisfied Customers: 6390
Experience:  20 years professional experience
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In an appellate court, if a document is due and a request

Customer Question

In an appellate court, if a document is due and a request for more time is filed on the due date, I then at least have until the court rules on the request for time, to file the original document, correct?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Maverick replied 1 year ago.

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Expert:  Maverick replied 1 year ago.

At this link, you will see the applicable rule. I am not finding any free appellate case law that specifically interprets this rule. However, based on it wording, it implies that you would need an order that grants an extension of time which order must have been signed BEFORE the date that the document is originally due to be filed. Appellate courts often play this card to force you to file whatever you have ready by the original deadline and it is best to do so; as the rule still leaves open the possibility for the court to FIRST view what you file and then issue an order granting you the extension.

Customer: replied 1 year ago.
would I file the brief that I have ready, with a request for an extension, and hope they grant it and then I can file my completed brief?
Expert:  Maverick replied 1 year ago.

So, yes, you would file the brief that you have even if incomplete and you would also at the same time file a motion requesting the extension and explain in the motion what you have done and what parts of the brief still need to be completed. Then, if you were granted an extension, you could safely file an amended brief or a supplemental one.

Expert:  Maverick replied 1 year ago.

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