6.3 Time and Space

• Library: Appellate Practice - Virginia and Federal Courts (Virginia CLE) (2016 Ed.)

6.3 TIME AND SPACE

6.301 Extending Time or Expediting Review.

A. Extensions of Time. Among the most frequently filed motions on appeal are motions for extension of time. Those extensions are not available from the Fourth Circuit for filing of a notice of appeal. ¹³ The federal district court, however, may extend the time to file a notice of appeal upon a timely motion or upon a showing of excusable neglect or good cause. ¹⁴ In

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practice, the Fourth Circuit generally will grant a first unopposed extension of time to file a brief. The Fourth Circuit's rules require a showing of "good cause" for those extensions. ¹⁵ In general, the court can "permit an act to be done after that time expires." ¹⁶ If a motion for extension of time is made belatedly, counsel should acknowledge that the motion is untimely, provide an explanation if one is available, and ask the court to permit the extension. ¹⁷

In state practice, a single extension of time, not to exceed 30 days, is available when two justices or three judges concur that good cause exists. ¹⁸

In general, Virginia's appellate courts do not look favorably upon motions for extension of time to file a brief. Specific rules govern the late filing of transcripts...