Tag Archives: Extensions of Time

No More Telephone Briefing Extensions in the Fifth Circuit?

D. Todd Smith
In this post from several years ago, I expressed how pleased I was with the informal procedure by which the United States Court of Appeals for the Fifth Circuit accepted and granted routine briefing extension requests. At the time, the Court allowed the clerk’s office to approve short, unopposed extensions over the telephone and had … Continue Reading

An Unopposed Briefing Extension Request Will Be Granted, Right?

D. Todd Smith
Appellate work is very time- and labor-intensive. Because it’s difficult to work on more than one matter at a time, appellate lawyers often rely on extensions of briefing deadlines to manage workloads. Texas appellate courts are usually very generous about granting such extensions, particularly when they are unopposed. So I’m sure appellant’s counsel was surprised … Continue Reading

Extensions of Time in the Fifth Circuit

D. Todd Smith
Let’s be honest. Most state-court appellate practitioners find the Fifth Circuit a little byzantine. But one thing the Fifth Circuit does right is allow the clerk’s office to grant short unopposed briefing extensions—up to 30 days—over the telephone. The circuit court has even done away with the requirement that the requesting counsel send a confirmation … Continue Reading

Extensions of Time in the Third Court

D. Todd Smith
Dealing with the ever-present problem of conflicting deadlines, I recently filed a motion for extension of time to file a reply brief in the Third Court of Appeals here in Austin.  My opponent kindly agreed to a 30-day extension, which I determined would be more than sufficient to get the brief done and manage my other cases. Several days … Continue Reading

Texas Supreme Court Orders & Opinions 11/30/07

D. Todd Smith
The Texas Supreme Court handed down six decisions with this week’s orders. In Mid-Century Insurance Co. v. Ademaj (No. 05-0016), a declaratory judgment action, the Court held that insurers may lawfully collect Texas Automobile Theft Prevention Authority fees from auto insurance policyholders without including such fees in rate filings required under Article 5.101 of the … Continue Reading