L.A.R. Misc. 107.2: Dismissal for Failure to Prosecute

(a) When an appellant fails to comply with the Federal Rules of Appellate Procedure or the Local Appellate Rules of this court, the clerk will issue written notice to counsel or to the appellant who appears pro se that upon the expiration of 14 days from the date of the notice, the appeal may be dismissed for want of prosecution unless appellant remedies the deficiency within that time. If the deficiency is not remedied within this period, the clerk is authorized to dismiss the appeal for want of prosecution and issue a certified copy thereof to the clerk of the district court as the mandate. The appellant is not entitled to remedy the deficiency after the appeal is dismissed except by order of the court. A motion to set aside such an order must be justified by the showing of good cause and must be filed within 10 days of the date of dismissal. If the appeal is one taken from the District Court of the Virgin Islands, an additional 10 days will be added to the time limits specified in this paragraph.

(b) Notwithstanding subsection (a), if an appellant fails to comply with the Federal Rules of Appellate Procedure and the Local Appellate Rules with respect to the timely filing of a brief and appendix, at any time after the seventh day following the due date, the clerk is authorized to dismiss the appeal for want of timely prosecution. The procedure to be followed in requesting an order to set aside dismissal of the appeal is the same as that set forth in subsection (a).

Prior Court Rule 28.2 had no counterpart in FRAP and is therefore classified as Miscellaneous. No substantive change from prior Court Rule 28.2 is intended.