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Rule 5.02

Rule 5.02: Extension of Time

Section Appellate Practice
(a)   Motion for Extension of Time. A party that may or must perform an act required under these rules within a specified time may file with the clerk of the appellate courts a motion for an extension of time. The motion must be served on all parties and must state:

(1)   the present due date;

(2)   the number of extensions previously requested;

(3)   the amount of additional time needed; and

(4)   the reason for the request.

(b)   Adverse Party’s Consent. An adverse party’s consent to an extension of time will be considered, but is not controlling.

(c)   Motion Filed After Time Expired. A motion for an extension of time filed after the time to act has expired must state the reasons constituting excusable neglect.

(d)   Extension of Time. The clerk of the appellate courts or the court may grant an extension of time not exceeding 20 days without waiting for a response.

[History: Restyled rule and amended effective July 1, 2012; Am. (d) effective December 19, 2016.]

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