PART VII — MOTIONS, BRIEFING, AMICI, AND ARGUMENT
Rule 63. Merits briefing schedule and sequence
Briefing order
After an appeal is ready or discretionary review is granted, the Clerk enters a briefing order identifying the record date, issues, sequence, limits, and anticipated argument status.
Default schedule
Unless the order states otherwise:
the appellant’s or petitioner’s principal brief and record appendix are due seven days after the record is filed or the grant order, whichever is later;
the appellee’s or respondent’s brief is due seven days after service of the opening brief; and
the reply is due three days after service of the response brief.
Administrative appeal
The Court may expedite an Administrative Court appeal when delay would defeat effective review, but may not alter the twenty-eight-day notice period.
Cross-appeal
In a cross-appeal, the Court ordinarily orders:
appellant’s opening brief;
appellee’s combined response and cross-appeal opening brief;
appellant’s combined reply and cross-appeal response; and
appellee’s cross-appeal reply.
The limits in Rule 38 apply unless the order sets different limits preventing duplication.
Aligned parties
Aligned parties should file a joint brief or divide issues. Separate repetitive briefs may be stricken or counted against a shared limit.
Filing code
A principal or amicus brief uses Brief/Memorandum unless the portal supplies a more exact code. A reply uses Reply. An appendix may be a separate document in the same filing or an Exhibit/Evidence filing as Appendix B directs.
Failure to brief
Failure of an appellant or petitioner to file an opening brief may result in dismissal after a show-cause order. Failure of an appellee or respondent to brief permits decision without that party’s argument but does not automatically concede error.