Within 14 days of the date the certified record is filed, the petitioner must notify the Court in writing of the date by which the petitioner’s brief will be filed. Unless the case involves a voluminous transcript, the petitioner must select a filing date that is within 91 days of receipt of the certified record. Petitioner’s letter will be so-ordered unless the Court determines the selected filing date is unacceptable. A petitioner’s failure to comply with a so-ordered scheduling notification or any other order regarding the scheduling of briefs may result in dismissal of the petition without further notice. See LR 31.1, 31.2.

Within 14 days of receipt of petitioner’s brief or the last petitioner’s brief in a consolidated or multipetitioner case, the respondent must notify the Court in writing of the date by which the respondent’s brief will be filed. Unless the case involves a voluminous transcript, the respondent must select a filing date that is within 91 days of receipt of the last petitioner’s brief. Respondent’s letter will be so-ordered unless the Court determines the selected filing date is unacceptable. See LR 31.2(a)(2).

If a cross-petition has been filed, within 14 days of receipt of the last cross-petitioner’s brief, the petitioner-cross-respondent must notify the Court in writing of the date by which the petitioner-cross-respondent’s response brief will be due. The petitioner-cross-respondent must select a filing date that is within 60 days of receipt of the last cross-petitioner’s brief.

Absent extraordinary circumstances, a petitioner or respondent’s failure to submit a scheduling letter will result in a briefing deadline of 40 days from the date the certified record is filed. A respondent’s or petitioner-cross-respondent’s failure to submit a scheduling letter will result in a briefing deadline of 30 days from the date the petitioner’s or cross-petitioner’s brief is filed. If a reply brief is filed, it must be served and filed within 14 days after service of the last respondent’s brief (or cross-respondent’s brief if a crosspetition has been filed) but not less than 3 days before argument unless the Court allows a later filing. See LR 31.2(a)(2).

A party’s filing of a potentially dispositive motion, a motion for IFP status, or a FRAP 42 stipulation for dismissal without prejudice at any time prior to one of the briefing schedule deadlines set forth above tolls the time period for the filing of scheduling notifications and briefs until the Court decides the motion or the case is reinstated.

An extension of time to file a brief will not be granted in the absence of a most extraordinary circumstance.

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Last modified at 4/1/2011