Circuit Rule 31: Filing of Briefs and Failure to Timely File Briefs

(a) Time for Filing Briefs. Except in agency cases, the time for filing briefs shall run from the date the appeal is docketed, regardless of the completeness of the record at the time of docketing, unless the court orders otherwise.

(b) Number of Briefs Required. The clerk of this court is authorized to accept ten copies of briefs as substantial compliance with Rule 31(b), Fed. R. App. P. Appointed counsel shall also file ten copies.

(c) Failure of Appellant to File Brief. When an appellant’s original brief is not filed when it is due, the procedure shall be as follows:

(1) All Criminal Cases in Which the Defendant Has Counsel and Civil Cases With Court-Appointed Counsel. The clerk shall enter an order directing counsel to show cause within 14 days why disciplinary action should not be taken. The court will then take appropriate action.

(2) All Other Cases. The clerk shall enter an order directing counsel, or a pro se appellant, to show cause why the appeal should not be dismissed. The court will then take appropriate action.

(d) Failure of Appellee to File Brief. When an appellee’s brief is not filed on time, the clerk shall enter an order requiring the appellee to show cause within 14 days why the case should not be treated as ready for oral argument or submission and the appellee denied oral argument. The court will then take appropriate action.

(e) [Rescinded]