This summer I was traveling out of state when I received a phone call from a friend who was monitoring my mailbox. He told me that I had received a motion from the opposing attorney in regard to my appeal and that my response needed to be in before I could get back home.
Deadlines are a particularly important matter in appellate court where they like to keep things moving. So, what could I do? I wasn't anywhere near a computer or any of the documents I needed to write a response. That answer is, I could file a "Motion For An Extension of Time".
The most amusing aspect of filing a motion for an extension of time is the court's requirement that you ask the opposing counsel in your case to agree to one. First off it is a pain in the rear end to approach the opposing counsel with your proposal, and second that counsel is wholly unlikely to agree. That is WHY you are in appellate court. Hello! Chivalry is dead. In my day, I have never had opposing counsel agree to an extension, although, let me tell you, I have allowed opposing counsel extensions of time. That's because I am a really, really, really nice person. Ok, I won't go overboard, I'm just a nice person.
Anyway, the format for a motion for an extension of time is in section 6, page 12 of The Handbook of Appellate Procedure made readily available by the Clerk's office at appellate court. Go get a copy of this book immediately!
A Motion For An Extension of Time starts with a specific statement of what you need, i.e. an extension of time until such and such a date. Then it breaks up into three sections as do all motions submitted to appellate court--1) Brief History of the Case; 2. Specific Facts Relied Upon; and 3) Legal Grounds. Usually your specific facts includes your reasons for requesting the extension of time. Then your legal grounds would be something like, "The movant relies on Practice Book Section 66-1 which permits the chief clerk to grant motions for extension of time upon a showing of good cause. The specific facts demonstrate good cause for a ____ day extension of time.
Overall, based upon P.B. Sec. 66-1, a motion for an extension of time must include this information: A. the reason for the requested extension; B. a statement indicating whether other parties in the case consent or object (as I said); C. a statement re the current status of the brief or motion in the case to which your extension refers; D. the estimated date of completion of the brief or motion to which your extension refers; E. a demonstration of good cause; E. certification to all counsel and pro se parties of record based upon P.B. Sec. 62-7 and F. a certification that the formatting of the document is correct pursuat to P.B. Sec. 66-3. If you are worried about meeting these requirements and having the correct format, you have the option of getting sample copies of this motion from the clerk's office at the appellate court the next time you are there. They usually hand them out with the "Handbook".
You may wish to run by a clerk your reason for requesting an extension to be sure the basis for your request meets the standard of a good cause. There could be scheduling conflicts with other legal matters going on in your case, the fact that your case has complex issues which make it difficult for you to write your motion, personal reasons such as a medical problem or vacation plans, or any number of things.
My best advice to you when you bring the matter up with the clerk is to be honest and straightforward. Overall, I have experienced a general attitude of cooperation from the clerk's office when I have made these kinds of motions so there isn't any particular need that I see to play around.
When it comes to how much of an extension you need, I generally double the time period I have to respond. So if I have ten days to respond to a motion, I make the extention of time another ten days.
You want to be sure to get your request in before your brief or motion is due; otherwise, the clerk is required to deny your motion and you will have to file a different document called a motion for permission to file late. In the last minute, I have received permission from the clerk over the phone which I then followed up with a motion the very next day. But I wouldn't try to push your luck in that way that often.
One final point, how many copies of the document you need is always a big point with the appellate court. Keep in mind that you are only required to file with the court one original copy of your motion for an extension of time. However, you'd be an idiot if you didn't get a stamped copy for yourself, so make sure you get one. After that the opposing side has five days within which to respond to your motion and then you will get a decision, hopefully in your favor.
So, there you go, folks. For those who procrastinate or those who are avoidant or overwhelmed, etc., you are now aware of what to do to give yourself some extra time. Use the knowledge well.
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