6 Cir. R. 31: Serving and Filing Briefs

(a) Electronic Briefs. When a party is required to file a brief electronically, the clerk will not accept a paper copy. Fed. R. App. P. 25(c) and 6 Cir. R. 25(f) govern service of a brief filed electronically.

(b) Paper Briefs. A party filing a paper brief must file a signed original and serve two copies on each other party.

(c) Time to File.

(1) Generally. The court will set a briefing schedule specifying the due dates for briefs. Except as specified in subrules (c)(2)-(3), the time limits in Fed. R. App. P. 31(a)(1) apply except that the time limit for the filing of the brief of the appellant is as indicated by the clerk, since the electronic record is no longer “filed” as that term was formerly construed.

(2) Expedited Briefing.

(A) Generally. The court schedules expedited briefing in the following cases:

• appeals from orders denying or granting preliminary injunctions,

• recalcitrant witness appeals under 28 U.S.C. § 1826,

• direct criminal appeals in which the sentence is 15 months or less, and

• grand jury contempt appeals.

(B) On Motion. A party may move to expedite other cases. See 6 Cir. R. 27(f).

(3) Death Penalty Cases. In an application under 28 U.S.C. § 2254 or § 2255 by a person under a death sentence and in an appeal from a federal sentence of death:

(A) Appellant. The appellant must serve and file a brief by the deadline set by the clerk.

(B) Appellee. The appellee must serve and file a brief within 60 days after the appellant's brief is served.

(C) Reply Brief. The appellant may serve and file a reply brief within 14 days after the appellee's brief is served, but at least 7 days before argument. The court may, for good cause, allow a later filing.