10th Cir. R. 27.6: Motions to extend time

(A) Disfavored. Extensions of time to file briefs are disfavored.

(B) Time to file. A motion to extend time to file a brief must be filed at least 3 days before the brief’s due date unless the reasons for the request did not exist or were unknown earlier.

(C) Content. A motion to extend time must:

(1) state the brief’s due date;

(2) contain a statement of the opposing party’s position on the relief requested or why the moving party was unable to learn the opposing party’s position. In this regard, parties should make reasonable efforts to contact opposing parties well in advance of filing a motion; and

(3) list any such prior motion filed and the court’s action on it.

(D) Requirements. The motion must establish that it will not be possible to file the brief on time, even if the party exercises due diligence and gives priority to preparing the brief.

(1) All factual statements must be set forth with specificity.

(2) Generalities—such as assertions that the purpose of the motion is not for delay and that counsel is too busy—are not sufficient.

(3) If the reason for the extension is that the transcript is not available, the motion must show that the transcript was timely ordered and paid for, or must explain why not.

(E) Reasons. Reasons that may merit consideration are that:

(1) other litigation presents a scheduling conflict, in which case the motion must:

(a) identify the litigation by caption, number, and court;

(b) describe the action taken in the other litigation on a request for continuance or deferment;

(c) state reasons why the other litigation should receive priority over the case in which the motion is filed;

(d) state reasons why other associated counsel cannot prepare the brief for timely filing or relieve movant’s counsel of the other litigation; and

(e) recite any other relevant circumstances;

(2) the case is so complex that an adequate brief cannot reasonably be prepared by the due date, in which case the motion must state facts demonstrating the complexity; and

(3) counsel will suffer extreme hardship, in which case the motion must state the nature of the hardship.

(F) Criminal cases. A motion to extend time to file a brief in a criminal case must also state the custody status of the defendant.