Rule 60. Filing and service of briefs

Cite as: 20 CNCA app. I, r. 60

A. The appellant shall file and serve an appellate brief-in-chief within sixty (60) days after the date on which the appellee has filed his or her response to the petition in error. The appellee shall file and serve the appellee's brief within forty (40) days after service of the brief of the appellant. The appellant may file and serve a reply brief within twenty (20) days after service of the brief of the appellee.

B. One (1) original unstapled/unbound copy of each brief shall be filed with the Court Clerk, and one copy shall be served on counsel for each party separately represented.

C. If an appellant fails to file the appellant's brief-in-chief within the time provided by this rule, or within the time as extended, the Court may dismiss the appeal. If an appellee fails to file the appellee's brief within the time provided by this rule, or within the time as extended, the appellee will not be heard at oral argument except by permission of the Court upon a showing of good cause submitted in writing prior to argument; and in determining the appeal, the Court may rule on the appellant's statement of the facts and issues.

D. The appellant or appellee may file an extension of time to file a brief or response to a brief for extraordinary circumstances and the Court may grant it for good cause shown. An extension shall be granted for no more than fourteen (14) days.

Historical Data

SC–AD–13–01, adopted March 27, 2013.