Much of appellate practice happens before the merits panel is assigned, on motions decided by a motions panel or by the clerk.
Extensions of time. Granted routinely for a first request with a stated reason, and increasingly reluctantly thereafter. Consent from the other side should be obtained and stated.
Stays and injunctions pending appeal. Sought first in the trial court; moving in the appellate court requires showing that the trial court application was made and denied, or that it would be impracticable.
Motions to dismiss for lack of jurisdiction — untimely notice, non-final order, mootness — decided early and dispositive.
Motions to expedite, supported by a concrete reason: an imminent event, a statutory deadline, a party’s circumstances.
Motions to supplement or correct the record, which should be resolved before briefing.
Motions to file oversized briefs, granted sparingly and usually a signal that the brief needs cutting rather than expanding.
Summary disposition motions where the appeal is controlled by settled authority.
Practice notes. Motions should be short, state the relief precisely, address the standard, disclose the other side’s position, and attach only what the panel must see.