Appeals Court Question

[Realist]

Last year my SO's ex appealed a judge's decision.  After requesting an extension, her lawyer was given until 12/31/2003 to file her brief.  As of noon today (1/5/04), she has not filed.  How long does she have after the extension date to file?  Having missed this date can she ask for an extension?  Will the court not hear the case because of the brief being late?

Thanks for any information.

[Realist]

We spoke to the lawyer today and he said that they will take the brief even if she files late.  That they do this all of the time.  I just don't understand that.

[socrateaser]

>Last year my SO's ex appealed a judge's decision.  After
>requesting an extension, her lawyer was given until 12/31/2003
>to file her brief.  As of noon today (1/5/04), she has not
>filed.  How long does she have after the extension date to
>file?  Having missed this date can she ask for an extension?
>Will the court not hear the case because of the brief being
>late?

Generally, without a really terrific excuse, a failure to meet a court ordered filing deadline will dismiss the appeal permanently (with prejudice).

[Realist]

How do we make this happen?  Does our lawyer have to file something? Can we?  Does the court review and do this type of thing on their own?

Thanks for the help.

[Realist]

So, I called the court.  They sent out a dismissal notice today which gives her until 1/22 to file the brief.  After that they said they will dismiss the case with prejudice.