Rule 9.10 - Dismissal of appealIf the appellant fails to timely file an opening brief, to post the bond as required by EDCR 9.4, or to pay the filing fees as required by EDCR 9.3, the appeal may be dismissed by the district court upon motion from any respondent or upon its own motion at the cost of the appellant.
(a) Prior to the granting of the dismissal, the appellant shall be given written notice of the motion to dismiss. The notice shall be supported by a certificate of the clerk or district court, showing the date and substance of the judgment or order from which the appeal was taken, the date on which the notice of appeal was filed, the expiration date of any order extending the time for transmitting the record, and proof of service.(b) The notice of the motion to dismiss may be mailed or delivered to the appellant or the appellant's attorney. The appellant may respond in writing within 7 days of such service, showing good cause, if any, why the motion should not be granted. The district court clerk shall docket the appeal for the limited purpose of permitting the district court to entertain the motion without requiring payment of the filing fee, but the appellant shall not be permitted to respond without payment of the fee unless the person is otherwise exempt therefrom. The district court, with or without allowing a response from the respondent, shall grant the motion to dismiss if good cause is not shown. If satisfied as to good cause for the delay, the district court shall allow the appeal to continue upon such terms as it may order.(c) If any respondent shall fail to timely file an answering brief, such failure may be treated by the district court as a confession of error and sufficient grounds for reversal of the judgment or order appealed from.Adopted April 26, 2024, effective 6/25/2024.