Wednesday, November 8, 2017

SCOTUS Decision in Hamer v. Neighborhood Housing Services: A Question of Time

Today the Supreme Court issued its decision in Hamer v. Neighborhood Housing Services, the first merits decision of the new Term. The Court unanimously holds that FRAP 4(a)(5)(C)’s limit on extensions of time to file a notice of appeal is not jurisdictional. (Rule 4(a)(5)(C) provides: “No extension under this Rule 4(a)(5) may exceed 30 days after the prescribed time or 14 days after the date when the order granting the motion is entered, whichever is later.”)

Justice Ginsburg’s opinion begins:

This case presents a question of time, specifically, time to file a notice of appeal from a district court’s judgment. In Bowles v. Russell, 551 U. S. 205, 210–213 (2007), this Court clarified that an appeal filing deadline prescribed by statute will be regarded as “jurisdictional,” meaning that late filing of the appeal notice necessitates dismissal of the appeal. But a time limit prescribed only in a court-made rule, Bowles acknowledged, is not jurisdictional; it is, instead, a mandatory claim-processing rule subject to forfeiture if not properly raised by the appellee. Ibid.; Kontrick v. Ryan, 540 U. S. 443, 456 (2004). Because the Court of Appeals held jurisdictional a time limit specified in a rule, not in a statute, 835 F. 3d 761, 763 (CA7 2016), we vacate that court’s judgment dismissing the appeal.

The Court left open, however, several issues for the lower court to address on remand, including:

(1) whether respondents’ failure to raise any objection in the District Court to the overlong time extension, by itself, effected a forfeiture, see Brief for Petitioner 21–22; (2) whether respondents could gain review of the District Court’s time extension only by filing their own appeal notice, see id., at 23–27; and (3) whether equitable considerations may occasion an exception to Rule 4(a)(5)(C)’s time constraint, see id., at 29–43.

 

 

 

 

http://lawprofessors.typepad.com/civpro/2017/11/scotus-decision-in-hamer-v-neighborhood-housing-services-a-question-of-time.html

Federal Courts, Recent Decisions, Subject Matter Jurisdiction, Supreme Court Cases | Permalink

Comments

There is a fair amount of case law under "whether equitable considerations may occasion an exception to Rule 4(a)(5)(C)’s time constraint, see id., at 29–43." in which reliance upon an official court order setting forth a deadline is conclusively justifiable as an extraordinary circumstance in any situation where the deadline in not jurisdictional.

Posted by: ohwilleke | Nov 9, 2017 10:21:52 AM

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