3rd Circuit Vows Crackdown on Lengthy Brief Requests
A federal appeals court is seeing so many motions asking for permission to exceed word and page limits in briefs that it is warning lawyers they won’t be granted absent special circumstances.
In an unusual standing order, the Philadelphia-based 3rd U.S. Circuit Court of Appeals said motions to exceed the limits are filed in about 25 percent of appeals, How Appealing reports. Seventy-five percent of those motions ask to exceed the limit by more than 20 percent.
“Notice is hereby given that motions to exceed the page or word limitations for briefs are strongly disfavored and will be granted only upon demonstration of extraordinary circumstances,” the Jan. 9 order (PDF) says. Such circumstances may include consolidated appeals or complex proceedings. The order does not apply to capital habeas cases.
Those who want to file longer briefs shouldn’t wait until the last minute, the order warns. “Counsel are advised to seek advance approval of requests to exceed the page/word limitations whenever possible or run the risk of rewriting and refiling a compliant brief,” the order says.
A special three-judge panel will be appointed to rule on motions to exceed brief limits.
