First District Court of Appeal Requests Comments on Stipulated Extensions

The First District Court of Appeal is considering joining the Second, Third, Fourth, and Fifth districts in allowing parties to stipulate to enlargements of time in certain instances. From the First District:

The First District Court of Appeal, which is currently the only DCA that does not allow for stipulated enlargements.

Request for Comments On Consideration to Allow Stipulated Extensions of Time in Certain Cases

The First District Court of Appeal is considering adopting a court policy allowing attorneys to submit stipulated extensions of time for filing briefs in cases not requiring expedited review. To ensure full consideration of the impact of such a policy on the public and members of the Bar, the Chief Judge invites comments, which may be submitted electronically no later than August 31, 2017 to Jon S. Wheeler, Clerk of Court, at comments@1dca.org.

 

http://www.1dca.org/requestforcomments.html

Our vote is certainly yes! Let the judges focus on substantive motions rather than extension motions. No matter what your position, get your comments in before August 31st.

The Fourth District has implemented a new procedure for requesting emergency consideration before the court. In re: Requests for Emergency Treatment, AO No. 2014-1 (Fla. 4 DCA June 11, 2014) [.pdf]. The Administrative order requires that any party seeking emergency treatment of a treatment file a separate “Request for Emergency Treatment,” not exceeding two pages in length, and certifying that the request is made in good faith. The order defines an emergency:

an “emergency” is a matter of extreme urgency that requires immediate action by this Court in order to avoid imminent, irreparable, and material harm. An exigency that is caused by the lack of diligence of the moving party shall not constitute an “emergency.”

The order also warns that parties or attorneys requesting emergency treatment without an objectively reasonable basis may be sanctioned.

Third DCA Becomes Third DCA to Allow Stipulated Enlargements

Following the trend started by the Fourth District Court of Appeal and Fifth District Court of Appeal, Florida’s Third District Court of Appeal yesterday issued an administrative order [.pdf] that, effective immediately, allows parties to stipulate to enlargements of time to serve briefs, rather than seek leave of court. Importantly, the procedure does not apply to writs, expedited or emergency matters, nor adoptions, dependency or termination of parental rights cases. The parties by stipulation can agree to an aggregate of 120 days’ worth of enlargments for initial and answer briefs, and 60 days for reply briefs.

 

UPDATE:  The Third District in 2015 changed the extension time for reply briefs from 60 to 30 [.pdf].