Beginning January 1, 2013, we will begin to phase out telephonic requests for initial 14-day extensions of time to file briefs. Instead, we will allow parties registered for Appellate ECF to request extensions via the Appellate ECF system. Parties not registered for Appellate ECF may request extensions via Form 13. Rather than an initial telephonic 14-day extension, any party may now use the process described below to request an initial extension from the original due date of a brief.
What's Covered & What's Not?
This streamlined process applies to due dates for opening, answering, reply, and cross-appeal briefs except where a Notice of Oral Argument has issued or the Court has otherwise directed. It does not apply to any other deadlines, including deadlines for petitions for rehearing, amicus briefs, and supplemental briefs ordered by the Court; to any brief in Preliminary Injunction Appeals (Ninth Circuit Rule 3-3), Incarcerated Recalcitrant Witness Appeals (28 U.S.C. § 1826) (Ninth Circuit Rule 3-5), or Class Action Fairness Act appeals (28 U.S.C.§ 1453(c)).
How Does It Work?
If you have not yet asked for any extension of time to file the brief, you may request one extension of up to 30 days from the brief's existing due date.
ECF filers should submit your request via the Appellate ECF system using the ‘File a Streamlined Request to Extend Time to File Brief' filing type (in the Briefs filing category) on or before your brief's existing due date. No form or written motion is required.
Paper filers should complete Form 13, and mail it to the Court on or before your brief's existing due date.
Requests made pursuant to this procedure will be routinely approved and the Clerk will notify all parties of the new schedule as soon as practicable after receipt of the request. If you are not eligible for an extension of time under this procedure, the Clerk will let you know what to do next.
Once a party has received a streamlined extension of time, any request for more time must be made in writing pursuant to Ninth Circuit Rule 31-2.2 (b).
The parties are informed that a 30-day extension of time to file a brief will not impact the calendaring of a case.
For Frequently Asked Questions, go to http://www.ca9.uscourts.gov/cmecf/faqs/strreqs/
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