Fifth District Changes Procedure for Obtaining Extension of Time to File

Article By:

Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

posted on: Wednesday, February 20, 2013

Administrative & Regulatory / Civil Procedure / Litigation / Trial Practice

All Federal / 5th Circuit (incl. bankruptcy)

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Beginning March 1, 2013, a party seeking an extension of time to file an intial, answer, or reply brief and who has obtained the agreement of opposing counsel may file a “notice of extension of time” in lieu of a motion requesting an extension. Such a notice will be accepted for up to 90 days for an intial or answer brief and 60 days for a reply brief. Only the party seeking the extension need sign the notice, and no order will issue upon the Court’s receipt. Any extension beyond 90 days for initial or answer briefs or 60 days for reply briefs must be by motion. For additional details, including the approved form of the notice, see the Court’s administrative order at http://5dca.org/Clerk/Administrative%20Orders/AO5D13-02_RE_Agree_Ext_of_Time_for_Filing_Briefs.pdf

About the Author

Jennifer R. Dixon

Of Counsel

Jennifer Dixon has a broad background in business litigation, real estate litigation, employment law, and family & marital law. Her primary practice focuses on litigation, with a significant portion of her practice devoted to appellate matters. Jennifer litigates cases and handles appeals in both state and federal courts. Her litigation experience includes complex real estate and commercial disputes, shareholder disputes, copyright, trademark and trade dress infringement claims, workplace injury claims, and wrongful termination claims. In the family law arena, Jennifer frequently...

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