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Federal Appeal - Motion to extend time to file brief pending while brief due

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ProperProPer

Junior Member
Under federal ninth circuit rules.

One streamlined request to extend time (by 30 days) was approved. Motion to extend time to file answering brief was filed 10 days before brief due. It was opposed. No ruling on the motion as of the day brief was due.

Can/will the motion to extend time be granted after the brief was due or will the case proceed without an answering brief?
 


FlyingRon

Senior Member
Posting Hx.

It could, but if it is denied and you haven't filed something, you're out of luck. You should file SOMETHING by the time the brief is due and if they give you more time,amend it.
 

Litigator22

Active Member
Under federal ninth circuit rules. One streamlined request to extend time (by 30 days) was approved. Motion to extend time to file answering brief was filed 10 days before brief due. It was opposed. No ruling on the motion as of the day brief was due. Can/will the motion to extend time be granted after the brief was due or will the case proceed without an answering brief?
It would appear that the motion for an extension was timely filed, i. e., within 7 days before the brief was due. What doesn't appear is whether or not the motion complied with Circuit Rule 31-2. 1. However, I fail to see any adverse consequences to the appellee simply because the court didn't rule on the motion prior to the date the brief was due. (You'll find few time constraints applicable to the court.)

Anyway what happens if there is no "answering" brief, that is, one filed in response to the appellant's brief?

What happens is that the appellee "will not be heard at oral argument unless the court grants permission". (See: FRAP 31 (c)

(Not too much help here, I'm sure. But then you haven't bean a wealth of information yourself. Have a good one.)
 

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