SNOW SHUTTERS APPELLATE COURTS

[Posted February 13, 2014] All three appellate Clerk’s Offices in Richmond are closed today because of what the folks at The Weather Channel are calling Winter Storm Pax. As I understand it, the Richmond area is due for another round of snow today and tonight, though not quite the pounding that the Capital region got last night, so it’s still uncertain whether they’ll be able to reopen tomorrow.

 

Here are my customary announcements and cautions for appellate litigants in those courts:

 

First, if you have a document that’s due to be filed today in an appellate court, your deadline is extended until tomorrow. (If the courts are still closed tomorrow, you get all the way to Tuesday, since Monday is a holiday: Presidents Day in the Fourth and George Washington Day in state court.)

 

Second (and this is vitally important), the closing of appellate courts only affects those filings that are due in the appellate-court clerk’s offices. If you have a deadline of today to file something in a trial-court clerk’s office (such as a notice of appeal, a transcript, or an appeal bond), you must ascertain whether that trial court is open today. If it’s closed, you get the extra time; but if it’s open, your deadline is still today. For those of you down here in Tidewater, where the courts are open, don’t get caught.
 
Update February 14: Both the state and federal appellate courts will open today at 10:30 am. Accordingly, if you have a deadline of yesterday or today to file something in the appellate clerk’s office, you must comply with that deadline today. Please note that while an early court closing extends deadlines, a late opening does not.