Current Practices of the First and Fourteenth Courts of Appeals

by Beth Crawford

This regularly-appearing column will answer your questions about current practices in the internal operating procedures at the First and Fourteenth Courts of Appeals. Please submit questions that would benefit the entire Section.

The responses from the Courts relate to their “current” practices. Both Courts continually make changes to address new concerns and experiment with new procedures to improve the operations of the Courts and increase effectiveness and efficiency. The Courts may decline to answer those questions that implicate the confidentiality of the Courts’ inner workings.

This column would not be possible without the willingness of the Courts to participate and answer questions. My very special ongoing thanks to the Chief Staff Attorneys from the First and the Fourteenth, Janet Williams and Nina Indelicato, and to both Courts generally.

Topic 3. Motions for Extensions of Time and Rulings on Motions and Orders

The First Court of Appeals

The court is generally liberal in granting motions for extension, provided the briefs will be filed within 30 days of the original due date. Requests for extensions beyond 30 days after the original due date are disfavored, and the need for such extensions will be considered on a case-by-case basis.

Motions requiring only a single judge generally are decided by a single judge. A panel is used to act on petitions for extraordinary writs, dismissing or otherwise determining an appeal and motions for rehearing.

Motions are considered and decided daily. The process is the same for both contested and agreed motions, with the exception that contested motions are held for 10 days.

The Fourteenth Court of Appeals

The court generally grants a first motion for extension of time up to 30 days to file a brief. Further requests for extensions to file a brief will be considered on a case-by-case basis.

Motions are ruled on by the panel to which the case has been assigned. Cases are assigned to one of three panels when filed. On agreed motions, the certificate of conference can expedite the ruling on the motion. Motions will be held for 10 days unless a certificate of conference shows the motion is unopposed, it is an emergency, or it requests an extension of time to file a brief.

As a general rule, motion rulings and orders are issued on Thursday.