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Blew NJ Appellate Division Deadline

Has anyone ever blown a NJ Appellate Division briefing deadl jdunit05/08/17
Call the case manager and ask how to proceed. Case managers abrikos05/08/17
This is correct. I suspect that, if your adversary is a rea sjlawyer05/09/17
I'm curious ... how did you blow a briefing deadline in appe specv31305/09/17
Call the case manager is correct. There is 1 automatic exten anothernjlawyer05/09/17
Thanks so much for the responses -- definitely helpful. jdunit05/09/17
A word of caution - it will take a while to get a response, sjlawyer05/09/17
Okay. I will do that right now. Thanks again for your help - jdunit05/09/17
I've blown an NJ Appellate Division briefing attorney ;) dingbat05/10/17
jdunit (May 8, 2017 - 8:35 pm)

Has anyone ever blown a NJ Appellate Division briefing deadline? My deadline -- we're the respondent -- was about 4 days ago -- do I need to file by motion now? Or am I out of luck? Any insight would be appreciated. Thanks!

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abrikos (May 8, 2017 - 9:25 pm)

Call the case manager and ask how to proceed. Case managers prepare the filings for the judges' review, so if the case manager accepts your late motion - you should be fine. I would file your brief asap anyways and attach a motion for the brief to be considered filed on time. In the alternative, you can ask for an extension of time. If it's your first request, it can be informal - by a letter request (get your adversaries' consent first). If it's a subsequent request, it has to be by a motion, which are freely granted.

The bottom line, you should not be really screwed.

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sjlawyer (May 9, 2017 - 7:36 am)

This is correct. I suspect that, if your adversary is a reasonable guy, you can write a letter (and call) the case manager, get a 30 day extension (minus whatever you already used) and file the brief. Otherwise, you can do it by motion, but I'd imagine you'd get a little pushback.

The App. Div. isn't likely to rule not on the merits of the case, so I'd have to imagine they'd almost prefer a late filing. And they're still going to take a long time to give you an answer.

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specv313 (May 9, 2017 - 10:09 am)

I'm curious ... how did you blow a briefing deadline in appellate court? Did you forget the brief was due, or think it was due on a different date? Or did you just let the deadline come and go? Since it's now 4 days late and the brief still isn't filed, I'm guessing it was not ready to file prior to the deadline?

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anothernjlawyer (May 9, 2017 - 11:53 am)

Call the case manager is correct. There is 1 automatic extension with adversary consent, and then you'd have to do a motion.

After you call the case manager, get the brief done, and you should be OK.

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jdunit (May 9, 2017 - 3:06 pm)

Thanks so much for the responses -- definitely helpful.

We've already used the automatic 30 day extension. It kinda just fell off my radar. I guess I'll file the motion asking for an extension and hope for the best.

Thanks again for the responses. Definitely appreciate it!

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sjlawyer (May 9, 2017 - 3:12 pm)

A word of caution - it will take a while to get a response, even a positive one, on your motion. I would call the case manager. Those people really are pretty good.

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jdunit (May 9, 2017 - 3:38 pm)

Okay. I will do that right now. Thanks again for your help -- definitely appreciate it.

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dingbat (May 10, 2017 - 11:47 am)

I've blown an NJ Appellate Division briefing attorney ;)

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