L.A.R. 31.4: Motions for Extension of Time to File a Brief

A party’s first request for an extension of time to file a brief must set forth good cause. Generalities, such as that the purpose of the motion is not for delay or that counsel is too busy, are not sufficient. A first request for an extension of 14 days or less may be made by telephone or in writing. Counsel should endeavor to notify opposing counsel in advance that such a request is being made. The grant or denial by the clerk of the extension must be entered on the court docket. If a request for extension of time is made and granted orally, Filing Users are notified by the notice of docket activity generated by the court's electronic docketing system; counsel must send a confirming letter to parties who are not Filing Users within 7 days. A first request for an extension of time should be made at least 3 days in advance of the due date for filing the brief. A motion filed less than 3 days in advance of the due date must be in writing and must demonstrate that the good cause on which the motion is based did not exist earlier or could not with due diligence have been known or communicated to the court earlier. Subsequent requests for an extension of time must be made in writing and will be granted only upon a showing of good cause that was not foreseeable at the time the first request was made. Only one motion for extension of time to file a reply brief may be granted.

The rule was adopted in 2002 to permit the oral granting of a short extension of time. The rule was amended in 2011 to modify the requirement of filing a confirming letter.