Notes of Advisory Committee on Rules-1970 Amendment Since the proposed rule requires the appellant to file with his brief an appendix containing necessary parts of the record as designated by both parties, the rule allows the appellant 40 days in order to provide time for the exchange of designations respecting the content of the appendix (see Rule 30(b)). If the appellee considers other parts essential, he includes those parts in his own appendix. The appellant files with his brief an appendix containing the parts of the record which he deems essential. But in those circuits an exchange of designations is unnecessary in the preparation of the appendix. 1, 2009.) Notes of Advisory Committee on Rules-1967Ī majority of the circuits now require the brief of the appellant to be filed within 30 days from the date on which the record is filed. An appellee who fails to file a brief will not be heard at oral argument unless the court grants permission. If an appellant fails to file a brief within the time provided by this rule, or within an extended time, an appellee may move to dismiss the appeal. The court may by local rule or by order in a particular case require the filing or service of a different number. An unrepresented party proceeding in forma pauperis must file 4 legible copies with the clerk, and one copy must be served on each unrepresented party and on counsel for each separately represented party. Twenty-five copies of each brief must be filed with the clerk and 2 copies must be served on each unrepresented party and on counsel for each separately represented party. (2) A court of appeals that routinely considers cases on the merits promptly after the briefs are filed may shorten the time to serve and file briefs, either by local rule or by order in a particular case. The appellant may serve and file a reply brief within 21 days after service of the appellee's brief but a reply brief must be filed at least 7 days before argument, unless the court, for good cause, allows a later filing. The appellee must serve and file a brief within 30 days after the appellant's brief is served. (1) The appellant must serve and file a brief within 40 days after the record is filed.
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