Clark v. Bridges, 75 A.3d 149 (2013)

Citation: Clark v. Bridges, 75 A.3d 149 (2013)
Parent Document: Clark v. Bridges, 75 A.3d 149 (2013)
Jurisdiction: DC (municipal)
Effective Date: 2013-08-22
Original Source: https://www.courtlistener.com/opinion/5147069/clark-v-bridges/ ↗

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. We note that the court rules applicable in Federal Courts of Appeal do not contain an analogous time-extending provision for mailing. See Fed. R.App. P. 4(a)(7). Federal appellate courts have also rejected efforts to extend the time for noting an appeal through the application of either Federal Rule of Civil Procedure 6(d) or Federal Rule of Appellate Procedure 26(c). Both rules apply only when a time period is commenced by service. As a result, those provisions cannot be applied to a notice of appeal because the time period for appeal is commenced by the order’s or judgment’s entry, and not the clerk’s subsequent service. See, e.g., Ultimate Appliance CC v. Kirby Co., 601 F.3d 414, 416 (6th Cir.2010) (collecting cases). Accordingly, our decision in this case aligns our practice with that of the federal appellate courts on this issue. In both tribunals, prospective appellants in civil cases must file within thirty days of entry of an order or judgment on the trial court’s docket, unless one of the other time-extending provisions of D.C. Appellate Rule 4(a) or Federal Rule of Appellate Procedure 4(a) applies. See generally, Editor’s note to D.C.App. R. 4 (stating that ”[t]he 2004 revision of the Rules of the District of Columbia Court of Appeals were intended to conform the court’s rules, wherever possible, to the Federal Rules of Appellate Procedure and, to that extent, to attain uniformity in the rules governing appellate practice in the District of Columbia”).

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