Another matter to consider before filing a motion in an appellatecourt is whether the motion will be timely. Although Rule 9.300 does not impose a general time limitation for filingappellatemotions,18 a time limit may be set by a more specific rule governing the issue raised by the motion. Moreover, an unreasonable delay in filing a motion may be grounds to deny relief, even if the motion is not one that must be filed within a certain period of time.19
Several other motions, although not governed by a time limitation expressed in a set number of days, are controlled by the appellate time limits for submitting other documents. For example, “[a] motion for attorneys’ fees may be served not later than the time for service of the replybrief,”24 and a request for oral argument must be served not later than the date on which a party would be entitled to file his or her last brief.25
Some motions are affected by practical time limits imposed by the circumstances. For example, a motion for extension of time is not directly controlled by any time limitation set out in the Rules, but it is apparent that such a motion must be filed before the expiration of the time sought to be extended. To that extent, the time period in issue also serves as a practical limitation on the time for filing the motion for extension.
Even if a motion is not subject to a fixed time limit, a delay in filing the motion might serve as an independent ground to deny the requested relief.26 This is because the appellatecourts have the inherent power to conclude that a motion is untimely under the circumstances of a given case. The most important factors that a court should consider when determining whether an appellatemotion is untimely are:
(1) the purpose and effect of the motion,
(3) the effect of the delay, if any, on the opposing party.
Additional time is allowed for service of motions and other pleadings by mail. If a motion must be served within a period of time in relation to the service of a previous document, and if the previous document has been served by mail, then the time period for service of the motion will be extended five days.27
Footnotes
17. For the source of the material that is adopted in this Subsection, see Padovano, supra n. 1, at § 14.2.
27.Id.9.420(d).
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