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Motions in civil appeals

How do I make a request to the appellate court to ask for more time? 

All requests to the appellate court must be made by filing a Motion. Motions must be in writing. 

The appellate court does not hear oral arguments for motions. You will need to submit a Motion that tells the court exactly what you want and why you think the court should grant your request. 

If you need more time to file your Notice of Appeal, you will file a Motion to request leave to file a late Notice of Appeal. If you need more time to file other documents, such as a Docketing Statement or Brief, you must file a Motion for an extension of time. You must also file a proposed order with your motions.

The AOIC provides a one-page overview explaining how to file common Motions to request more time for your civil appeal.

The local rules for your appellate district may have different requirements for what must be included in your motion. 

In general, filing a motion will require these steps:  

  1. Send or "serve" your motion to the other parties in the case, or their lawyers,
  2. File your Motion, the proposed order, and proof of delivery, and
  3. Pay any associated fees for the document you wish to file (for example Notice of Appeal or Docketing Statement). If you cannot afford the fee, file Waiver of Court Fees (Appellate).  

The appellate court will decide if your Motion will be granted or denied. It may take several weeks for the court to decide on your Motion. You will get a copy of the order once the court has made a decision. 

Can I respond to a motion? 

Yes. You can file a written response to the Motion with the clerk of the appellate court. Generally, you must file the response within 5 days after you receive the motion by email or personal service, or 10 days after you receive the motion by mail. You must send your response to the other parties and file a proof of service along with your response to the Motion.

Last full review by a subject matter expert
November 22, 2021
Last revised by staff
November 22, 2021

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