Back to FAQs About Appellate ECF
Streamlined Requests for Extensions of Time
- How long will it take for the Court to act on my streamlined request to extend time?
- If my initial streamlined request is for less than 30 days, may I submit a second streamlined request for the remainder of the time?
- If I obtained a streamlined extension of time to file my opening brief, may I request a streamlined extension of time to file my reply brief?
- Must I provide advance notice to the opposing party before I make the streamlined request?
- Do I need to inform the opposing party of the new briefing schedule?
- I already know that a 30-day extension of time won't be adequate, but I'm outside of the 7-day advance period to file a written motion pursuant to Ninth Circuit Rule 31-2.2(b). Should I use the streamlined request to extend time for 30 days and then file a written motion pursuant to Ninth Circuit Rule 31-2.2(b)?
- A prior court order barred any telephonic requests under 9th Circuit Rule 31-2.2(a). Am I still eligible for a streamlined request?
- When is Form 13 necessary?
- My opponent is representing himself/herself and is registered for electronic filing. The pro se party submitted a letter request for a 30-day extension of time. Will the court consider a request not submitted on Form 13?
- How does the new procedure interact with 9th Circuit Rule 28-4's provisions governing extensions of time to file a brief when (a) a joint brief by separately represented parties will be filed; or (b) a party is responding to multiple briefs?
- How long will it take for the Court to act on my streamlined request to extend time?
In the vast majority of cases, you will receive notice within 24 hours of the Court's receipt of your request. [Back to Top] - If my initial streamlined request is for less than 30 days, may I submit a second streamlined request for the remainder of the time?
No. The announcement provides for a single extension. If you need more time after your initial request, you must file a written motion pursuant to Ninth Circuit Rule 31-2.2(b). If you are using Appellate ECF, select the "File a Motion" filing type. [Back to Top] - If I obtained a streamlined extension of time to file my opening brief, may I request a streamlined extension of time to file my reply brief?
Yes. You may make an initial streamlined request for extension of time for each individual brief. [Back to Top] - Must I provide advance notice to the opposing party before I make the streamlined request?
No, there is no requirement to provide advance notice to the opposing counsel. If you choose do so, it is not necessary to provide the clerk with any verification of the notice. [Back to Top] - Do I need to inform the opposing party of the new briefing schedule?
No. The Court will send a new briefing schedule to all parties if the request is approved. [Back to Top] - I already know that a 30-day extension of time won't be adequate, but I'm outside of the 7-day advance period to file a written motion pursuant to Ninth Circuit Rule 31-2.2(b). Should I use the streamlined request to extend time for 30 days and then file a written motion pursuant to Ninth Circuit Rule 31-2.2(b)?
No. Sequential requests are time consuming for the court. If the 30-day extension of time won't be sufficient, please file a written motion that requests the necessary interval. The 7-day advance period is not mandatory and jurisdictional, so the late motion will be entertained. [Back to Top] - A prior court order barred any telephonic requests under 9th Circuit Rule 31-2.2(a). Am I still eligible for a streamlined request?
No. The prohibition on any telephonic requests expressed the court's intent that any request for an extension be supported by a showing of good cause. The clerk will therefore not approve a streamlined request if a prior order has barred telephonic requests. [Back to Top] - When is Form 13 necessary?
Only parties who are not registered for electronic filing should use Form 13. Parties registered for electronic filing must make the request via Appellate ECF using the "File a Streamlined Request to Extend Time to File Brief" filing type. No form or motion is required with the ECF filing type. [Back to Top] - My opponent is representing himself/herself and is registered for electronic filing. The pro se party submitted a letter request for a 30-day extension of time. Will the court consider a request not submitted on Form 13?
Yes. If a pro se litigant requests the streamlined request via a letter, the court will consider the request for extension of time. [Back to Top] - How does the new procedure interact with 9th Circuit Rule 28-4's provisions governing extensions of time to file a brief when (a) a joint brief by separately represented parties will be filed; or (b) a party is responding to multiple briefs?
Parties may continue to request the 21-day extension of time provided by Rule 28-4. Alternatively, each party may request a streamlined extension of time and then submit Form 7 with a notation that it solely applies to the enlargement of brief size. [Back to Top]
If you still have questions about Appellate ECF after reviewing the information in this page, please do the following:
- Check the FAQs on this site.
- Check the Appellate ECF Frequently Asked Questions page at PACER. (link opens in new window or tab)
- Check the PACER Frequently Asked Questions page. (link opens in new window or tab)
- If you still do not have an answer, submit your question using this form: http://www.ca9.uscourts.gov/cmecf/feedback/. You can expect a reply from the Court during the Court's business hours, from 8:30 AM to 5:00 PM Pacific Time. Note: If you submit a question, please do not also send an email, since that will only result in duplicate requests to the help desk.
Last Update: 16 January 2013
