(a) Time to Serve and File a Brief.
(1) The appellant must serve and file a brief within 40 days
after the record is filed. The appellee must serve and file
a brief within 30 days after the appellant’s brief is
served. The appellant may serve and file a reply brief
within 14 days after service of the appellee’s brief but a
reply brief must be filed at least 7 days before argument,
unless the court, for good cause, allows a later filing.
(2) A court of appeals that routinely considers cases on the
merits promptly after the briefs are filed may shorten the
time to serve and file briefs, either by local rule or by
order in a particular case.
(b) Number of Copies.
Twenty-five copies of each brief must be filed with the clerk
and 2 copies must be served on each unrepresented party and on
counsel for each separately represented party. An
unrepresented party proceeding in forma pauperis must file 4
legible copies with the clerk, and one copy must be served on
each unrepresented party and on counsel for each separately
represented party. The court may by local rule or by order in
a particular case require the filing or service of a different
(c) Consequence of Failure to File.
If an appellant fails to file a brief within the time provided
by this rule, or within an extended time, an appellee may move
to dismiss the appeal. An appellee who fails to file a brief
will not be heard at oral argument unless the court grants
<< Return to Rules | Title VI. General Provisions | Rule 31
Last modified at 12/16/2009