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A local, state or federal entity or agency, which was served in the district court and which is the appellee, must file a brief in all cases in which a briefing schedule is issued unless the court has granted a motion seeking permission to be excused from filing a brief. This rule does not apply to entities or agencies that are respondents to a petition for review unless the entity or agency is the sole respondent or to entities or agencies which acted solely as an adjudicatory tribunal.

Notes

Rule 31.2 was added in 2000 and is intended to change the practice of some agencies who choose not to file briefs when they are named as appellee. Amended in 2008 to provide for electronic filing