Filing Your Appeal - Motions

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Unless the other side is unrepresented, all motions must include a statement of opposing counsel’s position as to the relief requested. 

Motions for extensions of time to file briefs are discouraged but must be filed at least five days before the due date for the brief.

During the briefing process, most motions are decided within a day or two of the filing of a motion, or even the same day.  Certain motions, such as motions for a stay of the execution of a judgment, often take longer. 

Some motions filed during the briefing process will not be decided until after the appeal has been fully briefed.  In that case, the parties will be notified that the motion has been referred to the merits panel for later decision.  A common example of a motion that would likely be referred in that way would be a motion to certify a question of state law to a state supreme court.      

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