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Rule 8: Extensions of Time, Continuances and Waivers of Oral Argument

Rule 8. Extensions of Time, Continuances and Waivers of Oral Argument.

(a) Policy.  Delays in the final disposition of criminal appeals are a matter of increasing and justified concern. The policy of this court is to achieve prompt preparation and disposition of criminal cases. Accordingly, motions which delay the disposition of an appeal in this court are looked upon with disfavor.

(b) Extensions of Time.  The court will grant extensions of time in compliance with Rule 21(b), T.R.A.P. Requests for an extension of time shall be by motion in conformity with Rule 22, T.R.A.P., and shall be accompanied by an affidavit setting forth the reasons for the extension sought. The motion shall also state whether or not the opposing party consents to the extension of time.

(c) No Brief or Motion may be Filed with the Clerks of this Court after the Expiration of the Time for Filing as Provided in the Rules. Such documents shall be lodged with the clerk with a written motion for permission to file the brief or motion after the expiration of the applicable time period. The motion to late-file should show good cause for suspension of the Rules in accordance with Rule 2, T.R.A.P. and Rule 2 of these Rules.

(d) Continuances of Oral Argument.  When a case is set for submission, it will not be continued or reset to the next docket except upon motion in conformity with Rule 22, T.R.A.P. The motion must state whether or not the opposing party consents to the continuance. Motions for continuance of oral argument which are filed after the last Thursday before the case is set for oral argument will only be granted under exigent circumstances.

(e) Waiver of Oral Argument.  Counsel may waive oral argument after it has been requested by notifying the Clerk of this Court except where the request is made after the last Thursday before the case is set for submission to the Court. In such cases, counsel must file a written motion in conformity with Rule 22, T.R.A.P., which shall be accompanied by an affidavit stating that opposing counsel is aware of the waiver and has no objection. If opposing counsel does not agree to the waiver, the written motion will only be granted upon a showing of good cause. Moreover, in the event that counsel fails to comply with the requirements set forth in this rule, he or she may be subject to costs incurred by opposing counsel due to the waiver of oral argument.

[As amended by order filed November 16, 1995, effective January 1, 1996.]

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