Rule 31 Filing and service of briefs.
Rule Text
(a) Time for Serving and Filing Briefs. In civil cases, the appellant shall serve and file the appellant's brief within 28 days (4 weeks) after the date shown on the copy of the certificate of completion of the record on appeal, served on the appellant by the clerk of the trial court, as required by Rule 11(a)(3). The appellee shall serve and file the appellee's brief within 21 days (3 weeks) after the filing of the brief of the appellant in the appellate court. The appellant may serve and file a reply brief within 14 days (2 weeks) after the filing of the brief of the appellee in the appellate court.
If the appellee cross-appeals (see Rule 4(a)(2)), then the brief of the appellee/cross-appellant still shall be served and filed within 21 days (3 weeks) after the filing of the appellant's brief. Within 21 days (3 weeks) of the filing of the appellee/cross-appellant's brief, the appellant/cross-appellee may serve and file a brief responding to the cross-appeal and replying to that portion of the appellee's brief that had responded to the appeal. At the time of the filing and service of the appellant/cross-appellee's brief, the appellant/cross-appellee shall notify the clerk of the trial court that such a brief has been filed in the appellate court. Within 14 days (2 weeks) of the filing of such a brief by the appellant/crossappellee, the appellee/cross-appellant may serve and file a reply brief, replying to that portion of the appellant/cross-appellee's brief that had been directed to the cross-appeal.
In criminal cases, the appellant shall serve and file a brief within 28 days (4 weeks) after the date shown on the copy of the certificate of completion of the record on appeal, served on the appellant by the clerk of the trial court, as required by Rule 11(b). The clerk of the appellate court shall notify the parties or their respective attorneys and the clerk of the trial court by mail of the date on which the record on appeal is filed. The appellee shall serve and file the appellee's brief within 21 days (3 weeks) after the filing of the brief of the appellant in the appellate court. The appellant may serve and file a reply brief within 14 days (2 weeks) after the filing of the brief of the appellee in the appellate court. When a party is represented by counsel, the clerk may not accept a brief from that party.
(b) Number of Copies to be Filed and Served. . In the Supreme Court, when the brief is filed in the traditional paper format, one (1) additional hard copy shall be provided to the clerk of the Supreme Court; when the brief is e-filed in accordance with Rule 57, two (2) additional hard copies shall be provided to the clerk. However, the clerk may permit an indigent party to file a lesser number of copies. In the Court of Civil Appeals and the Court of Criminal Appeals, only the original brief, regardless of whether it is filed in the traditional paper format or efiled, is required. However, an appellate court may direct that additional hard copies be furnished. One (1) copy of the brief shall be served on counsel for each party separately represented, and if a party does not have counsel, then one (1) copy shall be served upon that party personally.
(c) Consequence of Failure to File Briefs. If an appellant fails to file a brief within the time provided by this rule, or within the time as extended, an appellee may move for dismissal of the appeal. If an appellee fails to file a brief, the appellee will not be heard at oral argument except by permission of the court.
(d) Extension of Time for Filing Brief. One extension may be granted up to 7 days (1 week).
[Amended eff. 8-29-89; Amended 2-12-90, eff. 6-1-90; Amended 8-27-91, eff. 101- 91; Amended 11-17-93, eff. 2-1-94; Amended 2-14-95, eff. 3-1-95; Amended 11- 19-96, eff. 1-1-97; Amended 1-12-2005, eff. 6-1-2005; Amended 9-29-2010, eff. 10-1-2010; Amended eff. 11-10-2020; Amended 10-20-2023, eff. 1-1-2024.]