DISMISSAL FOR FAILURE TO PROSECUTE

U.S. Court of Appeals for the Eighth Circuit

Rule Set: Local Rules of the U.S. Court of Appeals for the Eighth Circuit

Rule: 3C

Jurisdiction: CA8

Bluebook Citation: 8th Cir. R. 3C

If an appellant fails to comply with the Federal Rules of Appellate Procedure or these rules, the clerk will notify the appellant and appellant's counsel that the appeal will be dismissed for want of prosecution unless appellant remedies the default within 14 days after the clerk issues the notice. If the appellant fails to comply within the 14-day period, the clerk will enter an order dismissing the appeal for want of prosecution and issue a mandate to the clerk of the district court. After the appeal has been dismissed under this rule, there is no remedy for default except by order of the court. The dismissal of an appeal will not limit the court's authority to take disciplinary action against defaulting counsel in appropriate cases.

Cross-Reference: FRAP 3(a)(2).

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