(a) Briefing Schedule. Except for appeals on the Expedited Appeals Calendar discussed in (b), the
parties must submit scheduling
requests for filing briefs in accordance with the procedures
described below. The court ordinarily sets and “so orders” the
requested deadlines as the firm filing dates for the parties’
briefs.
(1) Scheduling Request.
(A) Appellant’s Request. Within 14 days after the later of
the appellant’s receipt of the last transcript, or the
appellant’s filing of the certificate that no transcript
will be ordered, or the date the record is filed in FRAP 15 proceedings (the “ready date”), the appellant must
notify the clerk in writing of the deadline it requests
for appellant’s brief. The deadline must be within 91
days after the ready date. If the appellant fails to
submit a scheduling request, the deadline for its brief is
40 days after the ready date.
(B) Appellee’s Request. Within 14 days after the filing of
the last appellant’s brief, an appellee must notify the
clerk in writing of the deadline it requests for
appellee’s brief. The deadline must be within 91 days
after the filing of the last appellant’s brief. If the
appellee fails to submit a scheduling request, the
deadline for its brief is 30 days after the filing of the
last appellant’s brief.
(C) Cross-Appeals. In a case in which a cross-appeal is
filed, within 14 days after the filing of the last
cross-appellant’s brief, the appellant-cross-appellee must
notify the clerk in writing of the deadline it requests
for the appellant-cross-appellee’s brief. The deadline
must be within 60 days after the filing of the last
cross-appellant’s brief. If the appellant-cross-appellee
fails to submit a scheduling request, the deadline for its
brief is 30 days after the filing of the last
cross-appellant’s brief.
(D) Request for a Later Deadline. A party’s scheduling
request may propose a deadline later than the times set
forth in (a)(1)(A)-(C) only if the case involves a
voluminous record or extreme hardship would result. A
request for a later deadline must explain the reasons why
it is necessary.
(2) Reply Brief. A reply brief must be filed within 14 days
after the filing of the last appellee’s brief.
(3) Tolling. The filing of a dispositive motion, a motion to
proceed in forma pauperis, or a stipulation under LR 42.1
tolls the time periods set forth in this rule until the
motion is determined or the appeal is reinstated.
(b) Expedited Appeals Calendar.
(1) Subject Proceedings. The court maintains an Expedited Appeals Calendar
(XAC) for appeals from threshold dismissals, defined as a judgment or order of a
district court dismissing a complaint solely for:
(A) lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1);
(B) failure to state a claim upon which relief can be granted under Fed. R. Civ.
P. 12(b)(6); or
(C) filing a frivolous complaint or for any other ground specified in 28 U.S.C.
§ 1915(e)(2).
(2) Placement. The clerk identifies a case for placement on the XAC and, as soon as
practicable, informs the parties. Promptly after receipt of such notification, any
party, for good cause shown, may move to remove the case from the XAC. If the
court grants the motion, briefing will proceed under (a)(1) to (3).
(3) Briefing. In a case placed on the XAC, the following briefing schedule applies:
(A) The appellant must file its brief within 35 days of the date of the clerk’s
notification of placement on the XAC.
(B) The appellee must file its brief within 35 days after the filing of the last
appellant’s brief.
(C) The appellant may submit a reply brief within 14 days after the filing of
the last appellee’s brief.
(c) Motions. A motion regarding briefing, including a motion
to file an oversized brief or to extend the time to file a
brief, is governed by FRAP 27 and LR 27.1.
(d) Failure to File. The court may dismiss an appeal or take
other appropriate action for failure to timely file a brief or
to meet a deadline under this rule.
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