5th Cir. R. 26

26.1 Computing Time. Except for briefs and record excerpts, all other papers,

including petitions for rehearing, are not timely unless the clerk actually receives them within

the time fixed for filing. Briefs and record excerpts are deemed filed on the day sent to the clerk

electronically where permitted by 5TH CIR. R. 30 and 31, by a third-party commercial carrier

for delivery within 3 days, or on the day of mailing if the most expeditious form of delivery by

mail is used. The additional 3 days after service by mail or after delivery to a commercial

carrier for delivery within 3 days referred to in FED. R. APP. P. 26(c), applies only to matters

served by a party and not to filings with the clerk of such matters as petitions for rehearing or

rehearing en banc under FED. R. APP. P. 40, and bills of costs under FED. R. APP. P. 39.

26.2 Extensions of Time. The court requires timely filing of all papers within the

time period allowed by the rules, without extensions of time, except for good cause. Appeals

which are not processed timely will be dismissed for want of prosecution without further notice

under 5TH CIR. R. 42. If the parties or counsel waive their right to file a reply brief, they must

immediately notify the clerk to expedite submitting the case to the court.