Saturday, February 04, 2006

I put in a lot of overtime this week, so blogging has been light. The extra workload came in part from a new practice by our supreme court of suspending rule 26(a) in cert cases. I had a brief due yesterday that I foolishly delayed, so I was forced to work late every night this week to get it done.

If you haven't had a case on cert in a while, be aware that the court is sticking to its briefing schedule. When the court grants cert, it will also issue an order suspending the provision for stipulated extensions in rule 26(a). The order will also state that no extensions will be granted to file briefs absent extrodinary circumstances.

FYI: A brief is timely filed if it is put in the mail on the day it is due. So if you miss filing your brief before the court closes, you have until midnight to take it to the airport post office and mail it to the court.

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