Federal Circuit Rule 28.1: Cross-Appeals
Rules of Practice and Internal Operating Procedures of the Federal Circuit — Title VII. General Provisions
(a) Page Limitation.
Unless it complies with Federal Circuit Rule 28.1(b), the appellant's principal brief must not exceed thirty (30) pages; the appellee's principal and response brief, thirty-five (35) pages; the appellant's response and reply brief, thirty (30) pages; and the appellee's reply brief, fifteen (15) pages.
(b) Type-Volume Limitation.
(1) The appellant's principal brief or the appellant's response and reply brief is acceptable if it meets one of the following:
(A) it contains no more than 14,000 words; or
(B) it uses a monospaced face and contains no more than 1,300 lines of text.
(2) The appellee's principal and response brief is acceptable if it meets one of the following:
(A) it contains no more than 16,500 words; or
(B) it uses a monospaced face and contains no more than 1,500 lines of text.
(3) The appellee's reply brief is acceptable if it meets one of the following:
(A) it contains no more than 7,000 words; or
(B) it uses a monospaced face and contains no more than 650 lines of text.
(c) Certificate of Compliance.
A brief submitted under this rule must comply with Federal Circuit Rule 32(b)(3).
(d) Brief Contents.
Appellant’s principal brief must comply with Federal Circuit Rule 28(a). Appellee’s principal and response brief must comply with Federal Circuit Rule 28(a), and (b) to the extent that it refers to the statement of the case. Appellee’s principal and response brief must also include the addendum under Federal Circuit Rule 28(c)(1) to the extent that the materials differ from those produced in the appellant’s principal brief. Appellant’s response and reply brief must comply with Federal Circuit Rule 28(b).
Notes
Practice Notes to Rule 28.1
Cross-Appeals.
A party may file a cross-appeal only when it seeks to modify or overturn the judgment of a trial tribunal. Although a party may present additional arguments in support of the judgment as an appellee, counsel are cautioned against improperly designating an appeal as a cross-appeal when they merely present arguments in support of the judgment. See Bailey v. Dart Container Corp., 292 F.3d 1360 (Fed. Cir. 2002). Further, counsel are cautioned, in cases involving a proper cross-appeal, that the fourth brief must be limited to the issues presented by the cross-appeal. In the third brief, moreover, the reply argument on the appeal issues should not exceed the length that would be permitted if there were no cross-appeal. In all cases, counsel should be prepared to defend the filing of a cross-appeal and the propriety of arguments presented in the fourth brief at oral argument. See Aventis Pharma S.A. v. Hospira, Inc., 637 F.3d 1341 (Fed. Cir. 2011).
Time to Serve and File a Brief.
Please refer to Federal Circuit Rule 31(a) for brief due dates when there is a cross-appeal.
Clarification to Federal Rule of Appellate Procedure 28.1(c)(4).
Where the term “appellee” is used, it refers to the “cross-appellant.”