FDAP Panel Member:
We are writing with important information about the First District’s third emergency order issued on April 15, 2020, and with a reminder to register for the FDAP Panel Webinar set for Friday, April 17 at 10 a.m.
1st DCA Emergency Order: Another 30-day automatic extension but with important exceptions
On April 15, 2020, the Court issued a third emergency order extending due dates another 30 days. Attorneys should be aware of some important differences from the court’s first order granting an automatic extension.
Unlike the first order, this order specifies that “the time to file a petition for rehearing or a request for publication and the date of finality shall not, under any circumstances, be extended by more than a total of 30 days.” This means if a due date for a rehearing petition was extended 30 days by operation of the March 18 order, the due date is not extended again by the April 15 order.
Similarly, if the date of finality was extended 30 days by operation of the March 18 order, thereby extending the deadline for a petition for review, that deadline is not extended a second time by the April 15 order.
Some applications of the automatic extensions may not be obvious. We have obtained some guidance about how the order relates to certain filings.
- A deadline to file a supplemental brief is not directly governed by the Rules of Court, it is set by court order. There is no automatic extension of a court-ordered deadline for a supplement brief.
- Oral argument scheduling is not directly governed by the Rules of Court. There is no automatic extension for requesting oral argument upon receiving the Court’s notice.
- Orders extending time to file a brief are made pursuant to the the Rules of Court and brief deadlines in general are governed by the Rules of Court. A due date set by an EOT order is automatically extended by 30 days.
If you are not clear whether a particular act or filing is covered by the order, please contact your FDAP consulting attorney.
For more information about Court operations, please see our Court of Appeal FAQs.
FDAP Panel Webinar – Friday, April 17 at 10 a.m. – Appellate Practice in a Pandemic
On Friday, April 17th at 10 a.m., FDAP will hold a 1-hour online Zoom training for FDAP panel members to address issues of concern during the pandemic. Topics will include claims, records, withdrawing from a case, contacting FDAP, using our COVID-19 templates to help your clients, and an “ask us anything” portion.
This training is free and for FDAP panel attorneys only. One hour of MCLE is available. While your mic will be muted during the webinar, attendees will be able to submit questions electronically through the Zoom webinar portal. Evaluation forms and certificates of attendance will be transmitted to attendees after the event.