Circuit Rule 26: Extensions of Time to File Briefs
Circuit Rules and Operating Procedures of the Seventh Circuit — Title VII. General Provisions
Extensions of time to file briefs are not favored. A request for an extension of time shall be in the form of a motion supported by affidavit. The date the brief is due shall be stated in the motion. The affidavit must disclose facts which establish to the satisfaction of the court that with due diligence, and giving priority to the preparation of the brief, it will not be possible to file the brief on time.
In addition, if the time for filing the brief has been previously extended, the affidavit shall set forth the filing date of any prior motions and the court’s ruling thereon. All factual statements required by this rule shall be set forth with specificity. Generalities, such as that the purpose of the motion is not for delay, or that counsel is too busy will not be sufficient. Grounds that may merit consideration are:
(1) Engagement in other litigation, provided such litigation is identified by caption, number, and court, and there is set forth (a) a description of action taken on a request for continuance or deferment of other litigation; (b) an explanation of the reasons why other litigation should receive priority over the case in which the petition is filed; and other relevant circumstances including why other associated counsel cannot either prepare the brief for filing or, in the alternative, relieve the movant’s counsel of the other litigation claimed as a ground for extension.
a. The matter under appeal is so complex that an adequate brief cannot reasonably be prepared by the date the brief is due, provided that the complexity is factually demonstrated in the affidavit.
b. Extreme hardship to counsel will result unless an extension is granted, in which event the nature of the hardship must be set forth in detail. The motion shall be filed at least seven days before the brief is due, unless it is made to appear in the motion that the facts which are the basis of the motion did not exist earlier or were not, or with due diligence could not have been, known earlier to the movant’s counsel. Notice of the fact that an extension will be sought must be given to the opposing counsel together with a copy of the motion prior to the filing thereof.
In criminal cases, or in other cases in which a party may be in custody (including military service), a statement must be set forth in the affidavit as to the custodial status of the party, including the conditions of the party’s bail, if any.