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Rule 22. Computation andenlargement of time.

(a) Computation oftime. In computing any period of time prescribed by these rules, by anorder of the court, or by any applicable statute, the day of the act, event, ordefault from which the designated period of time begins to run shall not beincluded. The last day of the period shall be included, unless it is aSaturday, a Sunday, or a legal holiday, in which event the period extends untilthe end of the next day that is not a Saturday, a Sunday, or a legal holiday.When the period of time prescribed or allowed, without reference to anyadditional time under subsection (d), is less than 11 days, intermediateSaturdays, Sundays, and legal holidays shall be excluded in the computation. Asused in this rule, ?legal holiday? includes days designated as holidays by thestate or federal governments.

(b) Enlargement oftime.

(b)(1) Motions for an enlargementof time for filing briefs beyond the time permitted by stipulation of theparties under Rule 26(a) are notfavored.

(b)(2) The court for good causeshown may upon motion extend the time prescribed by these rules or by its orderfor doing any act, or may permit an act to be done after the expiration oftime. This rule does not authorize the court to extend the jurisdictionaldeadlines specified by any of the rules listed in Rule 2. For thepurpose of this rule, good cause includes, but is not limited to, thecomplexity of the case on appeal, engagement in other litigation, and extremehardship to counsel.

(b)(3) A motion for an enlargementof time shall be filed prior to the expiration of the time for which theenlargement is sought.

(b)(4) A motion for enlargement oftime shall state:

(b)(4)(A) with particularity thegood cause for granting the motion;

(b)(4)(B) whether the movant haspreviously been granted an enlargement of time and, if so, the number andduration of such enlargements;

(b)(4)(C) when the time willexpire for doing the act for which the enlargement of time is sought; and

(b)(4)(D) the date on which theact for which the enlargement of time is sought will be completed.

(b)(5)(A) If the good cause reliedupon is engagement in other litigation, the motion shall:

(b)(5)(A)(i)identify such litigation by caption, number and court;

(b)(5)(A)(ii) describe the actionof the court in the other litigation on a motion for continuance;

(b)(5)(A)(iii) state the reasonswhy the other litigation should take precedence over the subject appeal;

(b)(5)(A)(iv) state the reasonswhy associated counsel cannot prepare the brief for timely filing or relievethe movant in the other litigation; and

(b)(5)(A)(v) identify any otherrelevant circumstances.

(b)(5)(B) If the good cause reliedupon is the complexity of the appeal, the movant shall state the reasons whythe appeal is so complex that an adequate brief cannot reasonably be preparedby the due date.

(b)(5)(C) If the good cause reliedupon is extreme hardship to counsel, the movant shall state in detail thenature of the hardship.

(b)(5)(D) All facts supportinggood cause shall be stated with specificity. Generalities, such as ?the motionis not for the purpose of delay? or ?counsel is engaged in other litigation,?are insufficient.

(c) Ex parte motion.Except as to enlargements of time for filing and service of briefs under Rule 26(a), a partymay file one ex parte motion for enlargement of time not to exceed 14 days ifno enlargement of time has been previously granted, if the time has not alreadyexpired for doing the act for which the enlargement is sought, and if themotion otherwise complies with the requirements and limitations of paragraph(b) of this rule.

(d) Additional time afterservice by mail. Whenever a party is required or permitted to do an actwithin a prescribed period after service of a paper and the paper is served bymail, 3 days shall be added to the prescribed period.

Effective November 14,2016

AdvisoryCommittee Note

A motion to enlarge time must be filedprior to the expiration of the time sought to be enlarged. A specific date onwhich the act will be completed must be provided. The court may grant anextension of time after the original deadline has expired, but the motion toenlarge the time must be filed prior to the deadline.

Both appellate courts place appeals in the oral argument queuein accordance with the priority of the case and after principal briefs havebeen filed. Delays in the completion of briefing will likely delay the date oforal argument.

Adopted 2020