G. BRIEFS

216

Rule 29: Filing and Service of Briefs.

(a) Time for Serving and Filing Briefs.  The appellant shall serve and file a brief within 30 days after the date on which the record is filed with the clerk. The appellee shall serve and file a brief within 30 days after the appellant's brief is filed with the clerk. Reply briefs shall be served and filed within 14 days after filing of the preceding brief. If separate briefs are filed on behalf of multiple appellants or multiple appellees, the time for filing and serving a responsive brief shall not commence to run until all briefs on behalf of all appellants or appellees have been filed.

(b) Number of Copies to Be Filed and Served.  A sufficient number of copies of each brief shall be filed with the clerk of the appellate court to provide the clerk and each judge of the appellate court with one copy, and one copy shall be served on each party in the manner provided in Rule 20 for the service of papers unless the appellate court shall by order direct the filing or service of a greater or lesser number.

(c) Consequence of Failure to File Briefs.  If an appellant fails to file his brief within the time provided by this rule or within the time as extended, any appellee may file a motion in the appellate court to dismiss the appeal. The appellant may respond within 14 days after filing of the motion. In lieu of granting the motion or at any time on its own motion, the appellate court may order service and filing of any brief. If an appellee fails to file a brief within the time provided by this rule or within the time as extended, any appellant may file a motion in the appellate court to have the case submitted for decision on the record and appellant's brief. The appellee may respond within 14 days after filing of the motion.

[As amended effective July 1, 1980; and by order filed February 1, 1995, effective July 1, 1995; and by order effective July 1, 1997.]

Advisory Commission Comments.

The time for filing briefs is measured from the date on which the record is filed in the appellate court.

Under subdivision (c) an appellee may move for dismissal of an appeal if the appellant does not timely file a brief. Similarly, an appellant may move to have a case determined on the appellant's brief alone if the appellee fails timely to file a brief. In addition, under Rule 35(a) of these rules a party who has not filed a brief may not argue orally.

Advisory Commission Comments [1980].

The sentence added to Rule 29(a) deals with situations in which there are multiple appellants or multiple appellees. It allows a party to wait to respond until all of the briefs have been served by all adverse parties.

Advisory Commission Comment [1995].

Amended Rule 29(a) substitutes court filing dates for service dates, making more precise the running of time periods.

Advisory Commission Comment [1997].

The response time runs from the filing date rather than the service date of a motion.

Advisory Commission Comment [2004].

Termination of Parental Rights Proceedings. Rule 8A imposes special requirements governing the appeal of any termination of parental rights proceeding. In particular, Rule 8A(g) imposes a special provision regarding the filing of briefs in such an appeal.

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