kansas appellate practice handbook - Kansas Judicial Branch

7-30 Appellate Procedure
§ 7.30 Motion for Additional Time
A party required or permitted to perform an action by a deadline,
such as filing a brief or responding to a motion, may request additional
time. Rule 5.02(a). Each such motion must be filed before the original
deadline to act has expired and state: the present date, the number of
extensions previously requested, the amount of additional time needed,
and the reason for the request. Rule 5.02(a). See § 12.23, infra.
While the clerk may rule on an unopposed motion for additional
time, only an appellate court may grant an untimely motion for extension
of time. The motion must state the reasons for the delay, and the court
can grant the motion if the reasons constitute excusable neglect. Rule
5.02(c); K.S.A. 60-206(b)(1)(B).
PRACTICE NOTE: At times, each appellate court
will limit the number of motions for extension of time
on which the clerk may act. That number has never
been higher than three.
Generally, when a party is granted additional time to file a brief, the
length of the extension is the length of time the rules originally allowed a
party to file a brief. For example, an appellee is allowed 30 days after service
of an appellant’s brief to file a brief. Any extension, absent exceptional
circumstances, is for 30 days. Similarly, an appellant is allowed 15 days
to file a reply brief so any extension is 15 days. If the court grants an
extension and the time granted is more or less than a party requested, the
party probably miscalculated the due date.
§ 7.31 Motions Relating to Corrections in Briefs
2013
If a party discovers its brief contains typographical errors, printing
errors, or similar non-substantive errors, the party may file a motion to
correct its brief. Such a motion must be made before the appeal is set
for hearing or placed on summary calendar. If the motion is granted, the
movant must make the corrections by the date specified in the order.
If the errors are easily corrected, the party may request to correct
the errors in the clerk’s office without withdrawing the brief. See § 12.26,
infra.
If, however, the error is difficult to correct, such as improperly
collated pages, the party may request to withdraw its brief and submit
corrected copies. See § 12.27, infra.