When must a party reply to an appellate motion response?

Identify the actual motion response being answered.

Verify response service, method and delivery facts.

Distinguish a reply from responding to new affirmative relief.

Read actual court directions and keep reply matters related to the response.

1. Identify the exact required act and controlling procedure.
2. Establish service method and actual delivery facts.
3. Apply any Rule 26(c) addition after base-period expiry.
4. Read actual orders and complete the required filing and service.

Establish actual service and delivery facts. FRAP 26(c) adds three days after the base period otherwise expires under Rule 26(a), unless the paper was served electronically or delivered on the date stated in proof of service. Count the added days and apply final-day rollover. This isolated preset does not collect these facts or calculate the addition.

FRAP 26(a)(6) includes the listed federal holidays and days declared holidays by the President or Congress. For periods after an event, it also includes holidays declared by the state of the district court that rendered the challenged judgment or order, or the circuit clerk’s principal office. Establish the actual applicable calendar. The national preset does not infer additional state holidays, actual inaccessibility or granted relief.

The isolated seven-day reply preset does not implement the possible Rule 26(c) addition. No computed date or paid calculation record is published.

Related matters only

Rule 27(a)(4) bars a reply from presenting matters that do not relate to the response.

Possible additional days

Rule 26(c) turns on actual electronic service or delivery on the proof-of-service date. Review those facts rather than treating all service alike.

Affirmative-relief motion

A new affirmative-relief motion within a response is governed by Rule 27(a)(3)(B), including separate response and reply procedure. Do not merge it into this reply trigger.

Actual granted time

Read Rule 26(b), actual local instructions and court orders. A pending time request does not itself establish a different date.

• This guide does not read local instructions, infer service or delivery, select appendix contents or establish a granted extension.
• A rule-based date does not establish accepted filing, separate service or entitlement to relief.

• Identify the motion response and its actual service.
• Preserve service method and delivery proof.
• Review any additional days and actual directions.
• Keep the reply related to the response.
• File with the circuit clerk and complete required service.
• Electronic court-of-appeals filing ends at midnight in the circuit clerk’s principal-office time zone under FRAP 26(a)(4)(B), unless a different applicable time controls. Ordinary paper filing requires clerk receipt by scheduled closure. Rule 25(a)(2)(A)(ii) has a separate timely mailing or qualifying dispatch exception for briefs and appendices; it does not automatically cover motions or replies. Read actual local instructions, permitted channels, service proof and inaccessibility.