How Can I Get an Extension of Time to Appeal?
Whether you are a pro se litigant or a seasoned appellate attorney, the nature of appellate briefing often necessitates asking the court for at least one deadline extension. Luckily, most Appellate Courts have a procedure through which litigants can ask for extra time.
Although it is possible to ask for an extension in most cases, litigants should rely on such motions only as a last resort. Extension motions are often looked on with disfavor, and are entirely within the courts discretion to grant or deny.
To ask for an extension, litigants in federal court must file a Motion to Extend, as well as an Affidavit in Support. The Motion should state the date that the brief is due, and indicate how long of an extension the litigant is requesting. The accompanying affidavit must clearly set forth the facts which indicate why the brief cannot be filed on time.
The processes for asking for an extension in the state courts of appeal are often similar to that of the Federal Courts. In Wisconsin and Colorado, for instance, litigants must submit a motion under either Wis. Stat. § 809.19(1) or C.A.R. 26(b), respectively, and the motion must state good cause for the requested extension.