For legal advice, I would suggest a consultation with an attorney you trust and/or one that is reputable in the legal community. There answer(s) contained herein do not establish the attorney-client relationship and should not be seen and/or construed as legal advice. An appellee who fails to file a brief will not be heard at oral argument unless the court grants permission. If an appellant fails to file a brief within the time provided by this rule, or within an extended time, an appellee may move to dismiss the appeal. The court may by local rule or by order in a particular case require the filing or service of a different number. An unrepresented party proceeding in forma pauperis must file 4 legible copies with the clerk, and one copy must be served on each unrepresented party and on counsel for each separately represented party. Twenty-five copies of each brief must be filed with the clerk and 2 copies must be served on each unrepresented party and on counsel for each separately represented party. (2) A court of appeals that routinely considers cases on the merits promptly after the briefs are filed may shorten the time to serve and file briefs, either by local rule or by order in a particular case. The appellant may serve and file a reply brief within 14 days after service of the appellee's brief but a reply brief must be filed at least 7 days before argument, unless the court, for good cause, allows a later filing. The appellee must serve and file a brief within 30 days after the appellant's brief is served. (1) The appellant must serve and file a brief within 40 days after the record is filed. (2) a notice of appeal from or a petition to enjoin, set aside, suspend, modify, enforce, or otherwise review an order of an administrative agency, board, commission, or officer of the United States, unless specifically authorized by law. (1) a notice of appeal (except as authorized in Rule 4) or a petition for permission to appeal or But the court may not extend the time to file: For good cause, the court may extend the time prescribed by these rules or by its order to perform any act, or may permit an act to be done after that time expires. You may wish to consult a local federal appeals attorney to discuss further.Ī review of the following Rules may illuminate the general federal appellate rules for you: You typically could move for an extension of time to file your initial brief if additional time is needed, however, it is not likely that a Motion to Dismiss tolls the 40 day time period to file the initial brief in and of itself. If that is true, I am not personally aware of a Motion to Dismiss tolling the time to file an initial brief unless ordered by the Court.
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