Local Rule 45.0: Defaults
Local Rules and Internal Operating Procedures of the First Circuit — Title VII. General Provisions
(a) Appellant. When a cause is in default as to the filing of the brief for appellant or petitioner, and the appendix, if one is required, the clerk must enter an order dismissing the appeal for want of diligent prosecution. The party in default may have the appeal reinstated upon showing special circumstances justifying the failure to comply with the time limit. The motion to set aside the dismissal must be filed within fourteen days.
(b) Appellee. When a cause is in default as to the filing of the brief for appellee or respondent, the cause must be assigned to the next list and the appellee will not be heard at oral argument except by leave of the Court.
(c) Local Rule 3.0. Counsel are reminded of Local Rule 3.0 providing for the dismissal of the appeal for want of diligent prosecution if the docket fee is not paid within 14 days of the filing of the notice of appeal.