B. Extension Of Time

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Extensions of time to file briefs are not favored. A motion for an extension, with supporting affidavits and proof of service on opposing counsel, must be filed at least five days before the brief is due. Cir. R. 26. An original and three copies are required. Fed. R. App. P. 27(d). The motion and affidavit shall set forth with specificity the due date for the brief, any previous requests for extension of time and the court’s ruling on each request, the date for which the appeal is scheduled for oral argument, if it is scheduled, and facts that establish why, with due diligence and priority given to the preparation of the brief, it will not be possible to file the brief on time. In criminal or other cases in which such information is pertinent, the custodial status and bail conditions of the party must be set forth in the affidavit.

Consult Circuit Rule 26 for grounds which may merit consideration. The court strictly enforces the provision of this rule and failure to comply can result in dismissal of the appeal or disciplinary sanctions.