Rule 31-1 Extensions of Time for Filing Briefs; Late Filing of Briefs

(a) Extensions of Time for Filing Briefs.

(1) Automatic Extensions. If a party has not previously filed a motion for an automatic extension of time to file an opening, answering, reply or cross-appeal brief under subsection (b) of this rule, that party may obtain a single automatic extension of time to file that brief not to exceed 30 days.

(A) Motion for Automatic Extension.

(i) A party must request an automatic extension of time by filing a motion specifically citing Rule 31-1(a)(1) before the expiration of time for filing the brief.

(ii) The Clerk shall grant a motion for an automatic extension of time if the moving party has not previously requested and been granted an automatic extension of time to file the brief for which the extension is sought.

(B) Further Extension. If an automatic extension of time is approved, any further request for an extension of time to file a brief must be made in writing pursuant to Rule 31-1(a)(2).

(C) Extension for Subsequent Brief. The Clerk’s approval of a party’s automatic extension of time to file an initial brief does not prevent that party from obtaining an automatic extension of time to file a subsequent brief.

(2) Discretionary Extensions. In all other cases, an extension of time may be granted only upon written motion supported by a showing of diligence and substantial need.

(A) Motion for Discretionary Extension.

(i) A party must request a discretionary extension of time by filing a motion specifically citing Rule 31-1(a)(2) and conforming to the requirements of Rule 31-1(a)(2)(B).

(ii) The Clerk shall grant or deny a motion for a discretionary extension of time.

(iii) If the Clerk denies a motion for a discretionary extension of time, the moving party may file a motion for review of the Clerk’s decision, which shall be decided by a justice of the Court.

(B) Contents of Motion. A motion for a discretionary extension of time shall be filed before the expiration of time for filing the brief, and shall be accompanied by an affidavit stating:

(i) When the brief is due;

(ii) How many extensions, including automatic extensions, have been previously granted;

(iii) Whether previous requests for extensions have been denied wholly or in part;

(iv) The length of the requested extension;

(v) The reasons an extension is necessary;

(vi) Counsel’s representation that counsel has exercised diligence and that the brief will be filed within the time requested; and

(vii) Whether opposing counsel objects to the extension or why the moving party has been unable to determine the opposing counsel’s position.

(b) Late Filing of Briefs. A late brief may be filed only with the permission of the Court, on such conditions as the Court may order. A motion to file a late brief is highly disfavored where a motion for a discretionary extension could have been filed but was not, or was filed and denied. A motion to file a late brief must include an affidavit conforming to Rule 31-1(a)(2)(B).