SANCTIONS FOR FAILURE TO COMPLY WITH CIRCUIT RULE 30-1 If materials required to be included in the excerpts under these rules are omitted, or irrelevant materials are included, the court may take one or more of the following actions: (a) strike the excerpts and order that they be corrected and resubmitted; (b) order that the excerpts be supplemented; (c) if the court concludes that a party or attorney has vexatiously or unreasonably increased the cost of litigation by inclusion of irrelevant materials, deny that portion of the costs the court deems to be excessive; and/or (d) impose monetary sanctions. Counsel will be provided notice and have an opportunity to respond before sanctions are imposed. CIRCUIT RULE 30-3 PRISONER APPEALS WITHOUT REPRESENTATION BY COUNSEL In cases involving appeals by prisoners not represented by counsel, the clerk of the district court shall upon receipt of the prisoner’s written request forward to the prisoner, within 21 days from the receipt of the request, copies of the documents to comprise the excerpt of record. CIRCUIT RULE 31-1 NUMBER OF BRIEFS In lieu of the 25 copies required by FRAP 31(b), an original and 15 copies of each brief shall be filed. If a petition for hearing or rehearing en banc is granted, each party shall file 20 additional copies of its briefs. The appellant shall also file 20 additional copies of the excerpts of record. (Rev. 1-1-05) Any party not represented by counsel, shall file only an original and 7 copies of briefs. (Rev. 1-1-05) CIRCUIT RULE 31-2 TIME FOR SERVICE AND FILING 31-2.1 Requirement of Timely Filing. (a) Parties shall observe the briefing schedule set forth in FRAP 31(a) unless a briefing schedule is established by an order of the Court of Appeals or district court. Specific due dates set by Court order are not subject to the additional 3-day allowance for service of previous papers by mail set forth in FRAP 26(c). The filing of the appellant’s brief before the due date shall not advance the due date for the appellee’s brief. (b) In cases controlled by FRAP 31(a), the appellant is responsible for determining the date on which the certificate of record is filed with the Court of Appeals and for computing the due date for the opening brief. (c) [Abrogated 1/99] 31-2.2 Extensions of Time for Filing Briefs. (a) If good cause is shown, the clerk or a designated deputy may grant an oral request for a single extension of time of no more than 14 days to file an opening, answering or reply brief. Such extensions may be applied for and granted or denied by telephone. The grant or denial of the extension shall be entered on the court docket. Application for such an extension shall be conditioned upon prior notice to the opposing party. The grant of an extension of time under this rule will bar any further motion to extend the brief’s due date unless such a motion, which must be in writing, demonstrates extraordinary and compelling circumstances. The previous filing of a motion under Rule 31-2.2(b) precludes an application for an extension of time under this subsection. (b) In all other cases, an extension of time may be granted only upon written motion supported by a showing of diligence and substantial need. The motion shall be filed at least seven (7) calendar days before the expiration of the time prescribed for filing the brief, and shall be accompanied by a declaration stating: (1) when the brief is due; (2) when the brief was first due; (3) the length of the requested extension; (4) the reason an extension is necessary; (5) movant’s representation that movant has exercised diligence and that the brief will be filed within the time requested; and (6) whether any other party separately represented objects to the request, or why the moving party has been unable to determine any such party’s position. A conclusory statement as to the press of business does not constitute a showing of diligence and substantial need. (Rev. 1/96) CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 31-2.2 If a party files a motion for a first extension of time to file a brief on or before the due date for the brief, and the court does not rule on the motion until shortly before the due date on or after the due date for the brief, the court ordinarily will grant some additional time to file the brief even if the court does not grant the motion in full. Multiple motions for extension of time to file a brief are disfavored, however, and the court may decline to grant relief if a successive motion fails to demonstrate diligence and substantial need. If the court does not act on a motion for extension of time to file a brief before the requested due date, the court nonetheless expects the moving party to file the brief within the time requested in the motion. The brief should be accompanied by a letter stating that a motion for an extension of time is pending. (New 01/2001) 31-2.3 Failure to File Briefs. If the appellant fails to file a brief within the time allowed by FRAP 31(a) or an extension thereof, the court may dismiss the appeal pursuant to FRAP 31(c). If appellee does not elect to file a brief, appellee shall notify the court by letter on or before the due date for the answering brief. Failure to file the brief timely or advise the court that no brief will be filed will subject counsel to sanctions. (Rev. 7/93) Cross Reference: Circuit Rule 42-1, Dismissal for Failure to Prosecute. CIRCUIT RULE 32 FORM OF BRIEF [Abrogated 1/1/99] (See Fed. R. App. P. 32, effective December 1, 1998) CIRCUIT RULE 32-1 FORM OF BRIEFS: CERTIFICATE OF COMPLIANCE All briefs submitted under Circuit Rules 28-4 or Circuit Rule 32-4, must include a certificate with language identical to and a format substantially similar to Form 8 in the Appendix of Forms attached to these rules. (Rev. 12-01-02) CIRCUIT RULE 32-2 MOTIONS TO EXCEED THE PAGE OR TYPE-VOLUME LIMITATION The court looks with disfavor on motions to exceed the applicable page or type-volume limitations. Such motions will be granted only upon a showing of diligence and substantial need. A motion for permission to exceed the page or type-volume limitations set forth at Fed. R. App. P. 32(a)(7)(A) or (B) must be filed on or before the brief’s due date and must be accompanied by a declaration stating in detail the reasons for the motion. Any such motions shall be accompanied by a single copy of the brief the applicant proposes to file and a Form 8 certification as required by Circuit Rule 32-1 as to the line or word count. The cost of preparing and revising the brief will not be considered by the court in ruling on the motion. CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 32-2 If the court does not grant the requested relief or grants the relief only in part, the court ordinarily will provide the party a reasonable interval after the entry of the order to file a brief as directed by the court. CIRCUIT RULE 32-3

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