Circuit Rule 32-2: Requests to Exceed the Page or Type-Volume Limits

(a) Motions: The Court disfavors motions to exceed the applicable page or type-volume limits. Except in capital cases, such motions will be granted only upon a showing of diligence and extraordinary and compelling need, such as in a multi-defendant criminal case involving a lengthy trial. A motion for permission to exceed the applicable page or type-volume limits must be filed on or before the brief’s due date and must be accompanied by a declaration stating in detail the reasons for the motion. (Rev. 12/1/20)

Any such motions shall be accompanied by a single copy of the brief that the applicant proposes to file and a Form 8 certification as required by Circuit Rule 32-1 as to the word count. The cost of preparing and revising the brief will not be considered by the Court in ruling on the motion.

(b) When Longer Briefs are Allowed Automatically: If no order lengthening the page or type-volume limit has been obtained previously, the Court will allow an extra 5 pages or 1,400 words to separately represented parties that are filing a joint brief. That same longer limit also will be provided to a party or parties that file a single brief answering or replying to either (1) multiple briefs or (2) a longer joint brief filed pursuant to this subsection. Briefs submitted under this subsection must be accompanied by Form 8. (New 7/1/16)

Circuit Advisory Committee Note to Rule 32-2

Motions to exceed the word limit will not be granted absent extraordinary and compelling circumstances. The Court already provides more generous word limits than provided by FRAP and most other Circuits. In almost all cases, the limits provided suffice even for multiple or complex issues. Most overlength briefs could be shorter and unnecessarily burden the Court. If the Court does not grant a motion for leave to file a longer brief, or grants the motion only in part, the Court ordinarily will provide the party or parties 7 days after the entry of the order to file a compliant brief as directed by the Court. Any order that decides a motion will also make adjustments to the due date(s) for any further briefing.

Rule 32-2(b) encourages separately represented parties to file a joint brief to avoid burdening the Court with repetitive presentations of common facts and issues. The routine lengthening of page or type-volume provided by the rule is intended to accommodate the additional length that may be necessary to permit preparation of a joint brief. A litigant responding to the opposing party’s brief as well as an amicus curiae brief filed under FRAP 29(a) is also eligible to file a longer brief automatically.

If a brief that exceeds the usual length limits is submitted by a party or parties ineligible for relief under Rule 32-2(b), the Clerk will reject the brief if it is not accompanied by a motion under Rule 32-2(a). (Rev. 1/1/07; Rev. 7/1/16; Rev. 12/1/20)