11th Cir. R. 42-1

(a) Stipulated Dismissal Agreements and Motions to Dismiss by Appellants or Petitioners.

If an appeal has been assigned to a panel on the merits, any stipulated dismissal agreement or motion

to dismiss the appeal will be submitted to that panel. If an appeal has not been assigned to a panel

on the merits, the clerk may clerically dismiss the appeal if the parties file a stipulated dismissal

agreement or if the appellant or petitioner files an unopposed motion to dismiss the appeal. In such

circumstances, the clerk will issue a copy of the order as and for the mandate. By issuing such a

dismissal, the clerk expresses no opinion on the effect of that dismissal. If an appeal has not been

assigned to a panel on the merits and an appellant’s or petitioner’s motion to dismiss is opposed, it

will be submitted to the court.

(b) Dismissal for Failure to Prosecute. Except as otherwise provided for briefs and

appendices in civil appeals in 11th Cir. R. 42-2 and 42-3, when an appellant fails to file a brief or

other required papers within the time permitted, or otherwise fails to comply with the applicable

rules, the clerk shall notify the appellant that upon expiration of 14 days from the date of the notice,

the appeal will be dismissed for failure to prosecute if the default has not been remedied. If the

default is remedied outside of the 14-day notice period, the appellant must also file a motion to

reinstate if the appeal has been dismissed or a motion to file out of time or otherwise remedy the

default if the appeal has not yet been dismissed.

If a motion for extension of time to remedy the default is filed within the 14-day notice

period, the clerk shall not dismiss the appeal during the pendency of the motion, but if the court

denies the motion after the applicable deadline has expired, the clerk shall dismiss the appeal

forthwith.

If an appellant is represented by appointed counsel, the clerk may refer the matter to the Chief

Judge for consideration of possible disciplinary action against counsel in lieu of dismissal.

11th Cir. R. 42-2 Dismissal in a Civil Appeal for Appellant’s Failure to File Brief or Appendix by

Due Date.

(a) Applicability of Rule. The provisions of this rule apply to all civil appeals, including Tax Court

appeals, bankruptcy appeals, appeals in cases brought pursuant to 28 U.S.C. §§ 2254 and 2255,

review of agency orders, and petitions for extraordinary writs when briefing has been ordered, but

not including appeals of orders revoking supervised release or of orders entered pursuant to Rule 35

of the Federal Rules of Criminal Procedure or 18 U.S.C. § 3582.

(b) Notice of Due Date for Filing Brief and Appendix. Eleventh Circuit Rules 30-1(c) and 31-1

establish the due dates for filing the brief and appendix. To facilitate compliance, the clerk will send

counsel and pro se parties a notice confirming the due date for filing appellant’s brief and appendix

consistent with 11th Cir. R. 30-1(c) and 31-1. However, delay in or failure to receive such notice

does not affect the obligation of counsel and pro se parties to file the brief and appendix within the

time permitted by the rules.

(c) Dismissal Without Further Notice. When an appellant has failed to file the brief or appendix by

the due date as established by 11th Cir. R. 30-1(c) and 31-1 and set forth in the clerk’s notice, or, if

the due date has been extended by the court, within the time so extended, an appeal shall be treated

as dismissed for failure to prosecute on the first business day following the due date. The clerk

thereafter will enter an order dismissing the appeal. If an appellant is represented by appointed

counsel, the clerk may refer the matter to the Chief Judge for consideration of possible disciplinary

action against counsel in lieu of dismissal.

(d) Effect of Pending Motion to Extend Time. The clerk shall not dismiss an appeal during the

pendency of a timely filed motion for an extension of time to file appellant’s brief or appendix, but

if the court denies such leave after the expiration of the due date for filing the brief or appendix, the

clerk shall dismiss the appeal.

(e) Motion to Set Aside Dismissal and Remedy Default. An appeal dismissed pursuant to this rule

may be reinstated only upon the timely filing of a motion to set aside the dismissal and remedy the

default showing extraordinary circumstances, accompanied by the required brief or appendix. Such

a motion showing extraordinary circumstances, accompanied by the required brief or appendix, must

be filed within 14 days of the date the clerk enters the order dismissing the appeal. The timely filing

of such a motion, accompanied by the required brief or appendix, and a showing of extraordinary

circumstances, is the exclusive method of seeking to set aside a dismissal entered pursuant to this

rule. An untimely filed motion to set aside dismissal and remedy default must be denied unless the

motion demonstrates extraordinary circumstances justifying the delay in filing the motion, and no

further filings shall be accepted by the clerk in that dismissed appeal. The time to file a responsive

brief runs from the date the court’s order granting a motion to set aside dismissal and remedy default

is entered on the docket.

(f) Failure of Appellee to File Brief by Due Date. When an appellee fails to file a brief by the due

date as established by 11th Cir. R. 31-1, or, if the due date has been extended by the court, within

the time so extended, the appeal will be submitted to the court for decision without further delay, and

the appellee will not be heard at oral argument (if oral argument is scheduled to be heard) unless

otherwise ordered by the court.

11th Cir. R. 42-3 Dismissal in a Civil Appeal for Appellant’s Failure to Correct a Deficiency in

Briefs or Appendices Within 14 Days of Notice.

(a) Applicability of Rule. The provisions of this rule apply to all civil appeals, including Tax Court

appeals, bankruptcy appeals, appeals in cases brought pursuant to 28 U.S.C. §§ 2254 and 2255,

review of agency orders, and petitions for extraordinary writs when briefing has been ordered, but

not including appeals of orders revoking supervised release or of orders entered pursuant to Rule 35

of the Federal Rules of Criminal Procedure or 18 U.S.C. § 3582.

(b) Notice to Correct a Deficiency in Briefs or Appendices. If briefs or appendices do not comply

with the rules governing the form of briefs and appendices, the clerk will send counsel and pro se

parties a notice specifying the matters requiring correction. A complete corrected set of replacement

briefs or appendices must be filed in the office of the clerk within 14 days of the date of the clerk’s

notice.

(c) Dismissal Without Further Notice. When an appellant has failed to correct the brief or appendix

within 14 days of the clerk’s notice, or, if the due date has been extended by the court, within the

time so extended, an appeal shall be treated as dismissed for failure to prosecute on the first business

day following the due date. The clerk thereafter will enter an order dismissing the appeal. If an

appellant is represented by appointed counsel, the clerk may refer the matter to the Chief Judge for

consideration of possible disciplinary action against counsel in lieu of dismissal.

(d) Effect of Pending Motion to Extend Time. The clerk shall not dismiss an appeal during the

pendency of a timely filed motion for an extension of time to correct a deficiency in appellant’s brief

or appendix, but if the court denies such leave after the expiration of the due date for correcting a

deficiency in the brief or appendix, the clerk shall dismiss the appeal.

(e) Motion to Set Aside Dismissal and Remedy Default. An appeal dismissed pursuant to this rule

may be reinstated only upon the filing of a motion to set aside the dismissal and remedy the default

showing extraordinary circumstances, accompanied by the required corrected brief or appendix.

Such a motion showing extraordinary circumstances, accompanied by the required corrected brief

or appendix, must be filed within 14 days of the date the clerk enters the order dismissing the appeal.

The timely filing of such a motion, accompanied by the required corrected brief or appendix, and a

showing of extraordinary circumstances, is the exclusive method of seeking to set aside a dismissal

entered pursuant to this rule. An untimely filed motion to set aside dismissal and remedy default

must be denied unless the motion demonstrates extraordinary circumstances justifying the delay in

filing the motion, and no further filings shall be accepted by the clerk in that dismissed appeal. The

time to file a responsive brief runs from the date the court’s order granting a motion to set aside

dismissal and remedy default is entered on the docket.

(f) Failure of Appellee to File Corrected Brief Within 14 Days of Notice. When an appellee fails

to file a corrected brief within 14 days of the clerk’s notice, or, if that date has been extended by the

court, within the time so extended, the appeal will be submitted to the court for decision without

further delay, and the appellee will not be heard at oral argument (if oral argument is scheduled to

be heard) unless otherwise ordered by the court.