The question has come up at our court: what to do about attorneys who routinely ignore Court deadlines for filing a Motion for Extension. We are wondering what other courts do, and I think the information we need has to come directly from the courts themselves, so I'm starting with the most helpful people I know - the federal librarians on this listserv.
Here's the issue: CAVC allows extensions up to 45 days with almost no restrictions and allows extensions of more than 45 days for extraordinary circumstances (not including workload problems) IF the attorney files a motion for extension 14 days in advance of the deadline. We find that some attorneys routinely ignore this rule and file outside the deadline. The Court allows this because realistically, if the Court did otherwise, it would be impossible to develop a record and make a proper decision. We are wondering if other courts have had a similar experience, and how they respond to such abuses, and any other general trends they have seen in handling motions for extension.
If I need to ask someone else at your court, the contact information would be very helpul. Or you can forward this to the appropriate person at your court. I wanted to start with this listserv because I always get such good responses.
Allison P. Mays
U.S. Court of Appeals for Veterans Claims
625 Indiana Ave. NW
Washington, DC 20004
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