A Typical Motion for Extension of Time
Notes on the Motion for Extension of Time:
Upon motion, the appellate courts may generally extend any of the times prescribed by the Rules. However, no court is permitted to "extend the time for taking an appeal or for filing a petition for discretionary review or a petition for rehearing or the responses thereto prescribed by these rules or by law." N.C. R. App. P. 27(c). The example reflected below is a typical motion in the appellate court. In most cases, a motion for an extension of up to 30 days for the court reporter to deliver the transcript per Rule 7 or a motion for an extension of up to 30 days to serve the proposed record on appeal is made in the trial court and can be made orally or in writing and without notice to other parties. N.C. R. App. P. 27(c)(1). Any other Motion for Extension of Time for any other deadline, including any subsequent Motion for Extension of Time to prepare the transcript or for service of the proposed record, must be filed with the appellate court. A Motion for Extension of Time may generally be determined ex parte, although the moving party must promptly serve the order on all other parties. However, if the time sought to be extended has already expired, the moving party must give notice to all other parties, and the motion will only be allowed after the other parties have had an opportunity to be heard. N.C. R. App. P. 27(d). A Motion for Extension of Time should provide as much explanation for the request as possible. These reasons may include conflicts with other cases, other commitments of counsel, etc. Motions for extensions of time are disfavored in juvenile cases governed by Rule 3.1 and will only be allowed in extraordinary circumstances. Remember that per the November 2020 Amendments, Rule 37(c) now requires that appellate motions in all cases, except for appeals involving pro se litigants, document: (1) "counsel's good-faith effort to inform counsel for all other parties of the intended filing of the motion," (2) "whether the other parties consent to the relief being sought," and (3) "whether any other party intends to file a response." N.C. R. App. P. 37(c).No. COA17-123 TWENTY-FOURTH DISTRICT
NORTH CAROLINA COURT OF APPEALS
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[Plaintiff's Name as in Final Judgment or Order on Appeal], | From Avery County |
Plaintiff, | |
v. | |
[Defendant's Name as in Final Judgment or Order on Appeal], | |
Defendant. |
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MOTION FOR EXTENSION OF TIME TO FILE BRIEF
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TO THE HONORABLE COURT OF APPEALS OF NORTH CAROLINA:
Defendant-Appellee, through undersigned counsel, moves this Court under Rule 27(c) of the North Carolina Rules of Appellate Procedure for an extension of time of twenty-one (21) days, up to and including 2 August 2022, in which to file her brief in this matter. In support of this motion, Defendant shows:
1. The Notice of Appeal was filed on 22 February 2021.
2. The parties settled the record by agreement on 22 April 2021.
3. The Record on Appeal was filed on 1 May 2021.
4. Plaintiff filed its brief on 13 June 2021.
5. The undersigned appellate counsel for Defendant did not participate in the trial court proceedings.
6. Defendant's brief is due to be filed with this Court on 13 July 2021.
7. The undersigned counsel reasonably believe that they will require additional time to prepare Defendant's brief because [add reasons with as much specificity as possible].
8. The time for filing Defendant's brief has not expired.
5. Pursuant to Appellate Rule 37(c), the undersigned counsel certifies that all counsel of record were notified of Defendant-Appellee's intent to file this Motion for Extension of Time. Plaintiff-Appellant does not object to this Motion and does not intend to file a response.
WHEREFORE, Defendant respectfully moves this Court under Rule 27(c) for an extension of time of twenty-one (21) days, up to and including 2 August 2022, or whatever other time the Court deems appropriate, in which to file her brief in this matter.
Respectfully submitted, this ____ day of ________, 2022.
[LAW FIRM NAME, if any, and only if counsel is retained and not appointed]
Electronically submitted
[Name of Counsel]
Attorney for Defendant-Appellee
245 S. Main Street
Newland, NC 28786
(919) 456-1245
State Bar No. 67890
lawyer@lawfirm.com
CERTIFICATE OF SERVICE
The undersigned hereby certifies that the foregoing MOTION FOR EXTENSION OF TIME TO FILE BRIEF has been served this day by email, addressed as follows:
[Opposing counsel's name and e-mail address]
This the ____ day of _________, 2022.
Electronically submitted
[Name of Counsel]