Federal Circuit Rule 31: Serving and Filing Briefs

(a) Time for Service and Filing.

(1) Brief of Appellant or Petitioner.

(A) In an appeal from a court, the appellant must serve and file its principal brief within sixty (60) days after docketing.

(B) In an appeal from an agency, the petitioner or appellant must serve and file its principal brief within sixty (60) days after the certified list or index is served pursuant to Federal Circuit Rule 17(c).

(C) When two or more appellants or petitioners choose to proceed by filing a single brief, that brief must be served and filed no later than the latest date on which the principal brief of any of those appellants or petitioners is due.

(D) In consolidated cases in which more than one set of parties filed a notice of appeal or petition for review, the deadline for the principal brief of the appellant or petitioner is computed from the docketing date of the last-docketed case or the date of service of the last-served certified list or index. In consolidated cross-appeals, the deadline is computed from the docketing date of the first-docketed case or date of service of the first-served certified list or index.

(2) Brief of Appellee or Cross-Appellant.

The appellee or cross-appellant must serve and file its principal brief within forty (40) days after the appellant’s brief is served.

In a petition for review or appeal from an agency, if the certified list or index is served after the appellant’s principal brief, the appellee or cross-appellant must service and file its principal brief within forty (40) days after service of the certified list or index.

(3) Cross-Appeal.

In a cross-appeal, the following apply:

(A) the appellant must serve and file its response and reply brief within forty (40) days after the cross-appellant’s principal and response brief is served; and

(B) the cross-appellant must serve and file its reply brief within twenty-one (21) days after the appellant’s response and reply brief is served.

(4) Brief Responding to Multiple Parties.

A brief that responds to the briefs of multiple parties must be served and filed within the time prescribed after service of the last of those briefs. If one party timely files its brief and another party fails to file, then the deadline for any responsive brief will be calculated from the date of service of the filed brief or the date the unfiled brief was due, whichever is later.

(b) Number of Copies.

Six (6) paper copies of each brief, or three (3) paper copies if filing an informal brief, must be provided to the court in accordance with Federal Circuit Rule 25(c)(3). In appeals where all parties are represented by counsel, an additional paper copy of each brief must be provided by the filer to principal counsel for the other parties within the same timeframe prescribed by Federal Circuit Rule 25(c)(3) unless principal counsel states that a paper copy need not be provided. No copies are required to be sent to counsel for amici curiae, but counsel for amici curiae must send a copy to each party as required by this subsection.

(c) Certain Motions Suspend the Briefing Schedule.

When a motion is filed that, if granted, would terminate an appeal, cross-appeal, or consolidated appeal, the briefing schedule is suspended. This suspension does not apply to an appellant’s principal brief if the motion would only terminate a cross-appeal. If the motion is denied, the next brief becomes due, unless the court orders otherwise, within the balance of the time remaining under this rule when the motion was filed, but not fewer than fourteen (14) days from the date of the order.

(d) Consequence of Failure to File a Brief by Appellant or Petitioner.

If the appellant or petitioner fails to file a principal brief, the clerk of court is authorized to dismiss the case.

(e) Time for Filing Informal Brief.

The deadlines to serve and file informal briefs are the same as those for briefs that are not informal. See Federal Rule of Appellate Procedure 31(a)(1) and Federal Circuit Rule 31(a).