Rule 28.1 Cross-Appeals

(a) Applicability. This rule applies to a case in which a cross-appeal is filed. Rules 28(a)-(c), 31(a)(1), and 32(a)(2) do not apply to such a case, except as otherwise provided in this rule.

(b) Designation of Appellant. The party who files a notice of appeal first is the appellant for the purposes set forth in this rule and Rules 30 and 34. If notices are filed on the same day, the plaintiff in the proceeding below is the appellant. These designations may be modified by the parties’ agreement or by court order.

(c) Briefs. In a case involving a cross-appeal:

(1) Appellant’s Principal Brief. The appellant must file a principal brief, which must comply with Rule 28(a).

(2) Appellee’s Principal and Response Brief. The appellee must file a principal brief in the cross-appeal and must, in the same brief, respond to the principal brief in the appeal. That appellee’s brief must comply with Rule 28(a), except that the brief need not include a statement of the case or a statement of the facts unless the appellee is dissatisfied with the appellant’s statement.

(3) Appellant’s Response and Reply Brief. The appellant must file a brief that responds to the principal brief in the cross-appeal and may, in the same brief, reply to the response in the appeal. That brief must comply with Rule 28(a)(2)-(9), except that none of the following need appear unless the appellant is dissatisfied with the appellee’s statement in the cross appeal:

(A) The jurisdictional statement;

(B) The statement of the issues;

(C) The statement of the case;

(D) The statement of the facts; and

(E) The statement of the standard of review.

(4) Appellee’s Reply Brief. The appellee may file a brief in reply to the response in the cross-appeal. That brief must comply with Rule 28(a)(2)-(3) and must be limited to the issues presented by the cross-appeal.

(5) No Further Briefs. Unless the Court permits, no further briefs may be filed in a case involving a cross-appeal.

(d) Cover. The front cover of a brief must contain the information required by Rule 32(a)(2).

(e) Length. The length of a brief must conform to Rule 32(a)(7).

(f) Time to Serve and File a Brief. Briefs must be served and filed as follows:

(1) The appellant’s principal brief, within 40 days after the record is filed;

(2) The appellee’s principal and response brief, within 30 days after the appellant’s principal brief is served;

(3) The appellant’s response and reply brief, within 30 days after the appellee’s principal and response brief is served; and

(4) The appellee’s reply brief, within 14 days after the appellant’s response and reply brief is served, but at least 3 days before argument unless the Court, for good cause, allows a later filing.