I failed to file my opening appellate brief by missing the due date.
3 attorney answers
RAP 18.9(c)(3) technically doesn't apply to missing the deadline for the opening brief. But RAP 18.9(c)(1) might: they could be arguing that your failure to file the brief means you have abandoned the appeal. Your deadline for responding to the motion is 10 days after you were served with the motion. RAP 17.4(e).
You will need to demonstrate to the court that you have not abandoned the appeal. Finish your opening brief. File it. At the same time, file a motion for an extension of time to file the opening brief. In the motion, explain why you were unable to finish the brief on time. The Court of Appeals is usually pretty lenient with a first request for an extension up to 30 days. There is a good chance they will accept the brief.
I think you might be misunderstanding what RAP 7.2(e) says. Unless something else is going on that you haven't explained in your question, that rule simply doesn't apply here. RAP 7.2(e) deals with post-judgment motions in the trial court after the court of appeals has accepted review. Has someone made a motion in the trial court? If not, RAP 7.2(e) does not apply.
I appreciate feedback. If my answer was helpful, please give me a vote or leave a comment. After you have reviewed all of the attorney answers, please choose a "best answer." Remember that this answer is for informational purposes only and does not create an attorney-client relationship between you and any of the answering attorneys. This answer is based solely on the facts provided in your question; additional or different facts, if known to the attorney, could have changed the answer. Consult with your attorney for specific legal advice on your situation.
Generally, the only hard and fast rule on time limits is the filing of the Notice of Appeal. You should have received something from the court. If you blew past that warning and deadline, you could be in some trouble. I would get your brief filed. You really should retain an appellate attorney.