11th Cir. R. 42-2 — Dismissal in a Civil Appeal for Appellant’s… — FL · BenchPath

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

High confidence· verified September 26, 2026Local Rules

Summary

11th Cir. R. 42-2 — Dismissal in a Civil Appeal for Appellant’s Failure to File Brief or Appendix by Due Date: the court's own rule, verbatim from UNITED STATES COURT OF APPEALS for the ELEVENTH CIRCUIT FEDERAL RULES OF APPELLATE PROCEDURE ELEVENTH CIRCUIT RULES INTERNAL OPERATING PROCEDURES (effective August 1, 2026), official PDF, sha-custodied. Court-level requirement: applies to appeals in the U.S. Court of Appeals for the Eleventh Circuit alongside the Federal Rules of Appellate Procedure.

Requirement

(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.

Source of truth

(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 be

Official source: U.S. Court of Appeals — Eleventh Circuit
Source health: Healthy · checked October 4, 2026
Effective date: August 1, 2026
Last verified: September 26, 2026benchpath-appfed-rules-2026-09-25

Change history

August 5, 2026Monitor: content changed at U.S. Court of Appeals — Eleventh Circuit. Review before republishing dependent rules.
August 4, 2026Monitor: content changed at U.S. Court of Appeals — Eleventh Circuit. Review before republishing dependent rules.
August 3, 2026Monitor: content changed at U.S. Court of Appeals — Eleventh Circuit. Review before republishing dependent rules.
August 2, 2026Monitor: content changed at U.S. Court of Appeals — Eleventh Circuit. Review before republishing dependent rules.
August 1, 2026Monitor: content changed at U.S. Court of Appeals — Eleventh Circuit. Review before republishing dependent rules.
July 31, 2026Monitor: content changed at U.S. Court of Appeals — Eleventh Circuit. Review before republishing dependent rules.
July 29, 2026Monitor: content changed at U.S. Court of Appeals — Eleventh Circuit. Review before republishing dependent rules.
July 28, 2026Monitor: content changed at U.S. Court of Appeals — Eleventh Circuit. Review before republishing dependent rules.
July 27, 2026Monitor: content changed at U.S. Court of Appeals — Eleventh Circuit. Review before republishing dependent rules.

Related rules

Local RulesDuval County

Duval County Local Rules Implementing S.B. 7 (Texas Fair Defense Act) — Order Amending Local Rules of the District/County Court of Duval County, amended July 11, 2022

Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.

High confidence· verified September 10, 2026Order Amending Local Rules Implementing S.B. 7 (Texas Fair Defense Act, Acts 2001, 77th Leg., ch. 906), District/County Court of Duval County, Texas, Rules 1-9 and the compensation attachment, amended and effective July 11, 2022, approved August 2022 and signed by Baldemar Garza, District Judge, 229th Judicial District Court, and E.B. Garcia, County Judge, Duval County; file-stamped by the Duval County Clerk August 8, 2022; TOPICs registration 2817 (Duval County, registered 02/12/2026).