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Sixth Circuit Clerk: Fewer Extensions Will Be Granted

Posted in News and Analysis

We previously reported over the last year about the changing practices at the Sixth Circuit concerning oral argument and related changes designed to expedite the overall appellate process.  At a presentation yesterday to the Cincinnati/Northern Kentucky Chapter of the Federal Bar Association, Sixth Circuit clerk Debbie Hunt provided some practice pointers related to these issues.  Importantly (for anyone who has to file a brief), she emphasized that the Court is becoming more strict in terms of granting extensions.  Extensions will no longer be routinely granted, even if the other side consents.  Instead, parties will have to show good cause meriting the extension.  It sounds as if two-week extensions will continue to be relatively routinely granted, but longer extensions or multiple extensions may  not.  Motions for extension should also be filed sufficiently in advance of the brief’s due date to give the Court time to rule on them. Consider yourself warned!