Yes! You can use AI to fill out Form APP-106, Application for Extension of Time to File Brief—Limited Civil Case

Filers often mistakenly enter the Trial Court Case Number in the field for the Appellate Division Case Number, or vice versa. This happens because they are not aware that a new case number is assigned when a case is appealed. This error can lead to filing delays, misdirection of the document, or outright rejection by the clerk's office. To avoid this, carefully check the notice of appeal and other documents issued by the appellate division court for the correct number.

A frequent error is for self-represented parties to fill out the lawyer's information in section 1(c), or for parties with a lawyer to fill out their personal contact details in section 1(b). The form explicitly says to skip the section that doesn't apply, but people often overlook these instructions in their haste. This causes confusion for the court and opposing parties about who to contact regarding the case. Always read the instructions for each section carefully before entering information.

In Section 8, many applicants provide vague or weak justifications like 'I need more time' or 'I have been busy with work.' The court requires a specific, compelling reason that addresses the factors in rule 8.811(b), such as the complexity of the issues, counsel's engagement in other cases, or personal emergencies. A weak justification is the most common reason for the court to deny the extension, forcing the brief to be filed by the original deadline or risk default. Be detailed and honest about why the extension is necessary.

Applicants often complete the case information on the first page but forget to repeat the Appellate Division Case Name and Number in the header of the second page. This is a simple oversight but can cause significant processing problems if the pages become separated at the courthouse. To prevent this, make it a habit to review every page of the form for completeness before filing. AI-powered form fillers like Instafill.ai can help by automatically populating repeated information across all pages of a document.

In Section 5, filers may forget or misstate the number and length of previous extensions, whether granted by the court or by agreement (stipulation) of the parties. This can be seen as an attempt to mislead the court, even if unintentional, and may result in the denial of the current request. Before filling out this section, thoroughly review all prior correspondence and court orders in the case to ensure the information is completely accurate.

A critical mistake is filing the application with the court but failing to 'serve' a copy on all other parties in the case. The court will not consider an application until it has confirmation that the other parties have been properly notified. Forgetting this step or failing to file a separate Proof of Service form (like APP-109-INFO) will lead to the application being rejected, wasting valuable time. Always follow the instructions for service detailed on the form.

Forgetting to sign and date the application in the signature block at the end of page 2 is a simple but fatal error. An unsigned legal document is invalid and will be immediately rejected by the court clerk, as if it were never filed at all. This can cause you to miss your filing deadline entirely. Always perform a final review of the completed form, paying special attention to the signature and date fields before you print or file.

In Section 3, applicants must state the new date they want the brief to be due and the total number of days for the extension. It is common for there to be a mismatch between the date provided and the number of days calculated. This clerical error creates ambiguity and may lead the court to grant a shorter extension than intended. To avoid this, use a calendar to carefully count the days and double-check that your math is correct.

Section 4 asks whether the filer has received a default notice from the clerk under rule 8.882(c), which is a warning that the brief is late. Many filers, especially those without legal training, may not understand what this notice is or may not remember receiving one, leading them to check the wrong box. Misrepresenting this critical fact can have serious consequences for the appeal, so it is vital to review all notices from the court before answering.

For applications filed by a lawyer, Section 10 contains a mandatory certification that the lawyer has provided a copy of the application to their client. Attorneys, in their rush, sometimes forget to check this box, which is a violation of court rules (rule 8.810(e)). This can result in the form's rejection or sanctions from the court. Attorneys should use a filing checklist to ensure this and all other requirements are met. Using a tool like Instafill.ai, which can convert flat PDFs into fillable forms, can help ensure all checkboxes and fields are addressed.