Rule 31 Filing and Service of Briefs

(a) Time for serving and filing briefs. The appellant shall serve and file his brief within 40 days after the date on which the record is filed. The appellee shall serve and file his brief within 30 days after service of the brief of the appellant. The appellant may serve and file a reply brief within 14 days after service of the brief of the appellee, but, except for good cause shown, a reply brief must be filed at least 3 days before argument.

(b) Number of Copies to be Filed and Served. Five legible copies of each brief shall be filed with the clerk, unless the appellate division or judge thereof by order in a particular case shall direct a lesser number, and one copy shall be served on counsel for each party separately represented.

(c) Consequence of Failure to File Briefs. If an appellant fails to file his brief within the time provided by this rule, or within the time as extended, an appellee may move for dismissal of the appeal or appellate division or a judge thereof may on its or his own motion dismiss the appeal. If an appellee fails to file his brief, he will not be heard at oral argument except by permission of the appellate division.