Handbook III.I: Cross-Appeals

(See Fed. R. App. P. 28.1; D.C. Cir. Rule 28.1.)

Appellees, in cases appealed from the district court, may generally, without filing a cross-appeal, defend a judgment on any ground raised in the district court, even if that ground was rejected, not considered, or raised sua sponte by the district court. They may not, however, attack the judgment, either to enlarge their own rights or to lessen the rights of their adversary, except by filing a cross-appeal. A cross-appeal also is necessary where appellees seek to correct an error in, or to supplement, the district court's judgment. Unless the parties otherwise agree and notify the Clerk's Office, or the designation is modified by court order, the party that files the first notice of appeal files the first brief. See Fed. R. App. P. 28.1(b); D.C. Cir. Rule 28.1(a). The time for taking cross-appeals is set out supra at Part III.B.2.(b).