Rule 66-1. Extension of Time

(a) Motions to extend the time limit for filing an appeal shall be filed with the clerk of the trial court. Except as otherwise provided in these rules, the judge who tried the case may extend the time limit provided for filing the appeal, except that such extension shall be of no effect if the time within which the appeal must be filed is set by statute and is a time limit that the legislature intended as a limit on the subject matter jurisdiction of the court in which the appeal is filed. The trial judge shall not extend the time for filing the appeal more than twenty days from the expiration date of the appeal period. Where a motion for extension of the period of time within which to appeal has been filed at least ten days before expiration of the time limit sought to be extended, the party seeking to appeal shall have no less than ten days from issuance of notice of denial of the motion to file the appeal.

(b) Motions to extend the time limit for filing any appellate document, other than the appeal or a motion for review of a ruling concerning a stay of execution pursuant to Section 61-14, shall be filed with the appellate clerk. An extension of time may be requested by filing form (JD-SC-043) or by filing a motion not to exceed 2000 words, and in compliance with the provisions of Section 66-3. Requests to extend multiple deadlines cannot be filed together on a single form or in a single motion. If filing a motion, the motion shall include the following: (1) the reason for the requested extension,

(2) a statement as to whether the other parties consent or object to the requested extension, (3) a certification that complies with Section 62-7; and, if an attorney is filing the motion on the client's behalf, (4) a statement that a copy of the motion has been delivered to each of his or her clients who are parties to the appeal. A motion for extension of time to file a brief must specify the current status of the brief or preparations therefor, indicate the estimated date of completion, and, in criminal cases, state whether the defendant is incarcerated as a result of the proceeding in which the appeal has been filed.

(c) The appellate clerk is authorized to grant or to deny motions for extension of time.

(d) An opposing party who objects to a motion for extension of time filed pursuant to subsection

(b) of this section shall file an objection with reasons in support thereof with the appellate clerk within five days from the filing of the motion. Parties that are exempt from electronic filing pursuant to Section 60-8 shall file the objection within ten days from the filing of the motion.

(e) Any action by the trial judge pursuant to subsection (a) of this section or the appellate clerk pursuant to subsection (c) of this section is reviewable pursuant to Section 66-6.

Committee Notes

(P.B. 1978-1997, Sec. 4040.) (Amended July 21, 1999, to amended Sept. 16, 2015, to take effect Jan. 1, 2016; amended