IOP § III(F): Cross-appeals and Joint Appeals
Rules of Appellate Procedure and Internal Operating Procedures of the Eighth Circuit — Internal Operating Procedures: III. Presubmission Appellate Process
1. Cross-Appeals
Without filing a cross-appeal, an appellee may defend a judgment on any ground the record supports, even if rejected in the lower court. Appellees must file cross-appeals to attack the judgment, either to enlarge their own rights or to lessen the rights of their adversaries. Briefing in cross-appeals is governed by FRAP 28.1.
2. Joint Appeals
Joinder of appeals is governed by FRAP 3(b). If parties file separate notices of appeal, the clerk dockets the appeals separately and the parties must pay separate filing fees.
Counsel who have joined on appeal must cooperate in arranging for the preparation and transmittal of the record. Joint briefs are governed by FRAP 28(i). Appellee briefs and reply briefs responding to multiple briefs are restricted under the provisions of 8th Cir. R. 32A, and counsel should review the provision of the rule if they are responding to multiple appellants’ briefs or replying to multiple appellee briefs. Appeals involving the same question are usually argued together.