Rule 31 — Serving and Filing Briefs

Fed. R. App. P. 31

• Source: Federal Rules of Appellate Procedure
• Rule: 31
• TITLE VII: GENERAL PROVISIONS
• Citation: Fed. R. App. P. 31

Text

(a) Time to Serve and File a Brief.
(1) The appellant must serve and file a brief within 40 days
after the record is filed. The appellee must serve and file a
brief within 30 days after the appellant’s brief is served. 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.
(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.
(b) Number of Copies. Twenty-five copies of each brief must be
filed with the clerk and 2 copies must be served on each unrep-
resented party and on counsel for each separately represented
party. 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. The court may by local rule or by order in a
particular case require the filing or service of a different number.
(c) Consequence of Failure to File. 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. An appellee
who fails to file a brief will not be heard at oral argument unless
the court grants permission.

Advisory Committee Notes

(As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 10, 1986, eff. July 1, 1986; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 26, 2018, eff. Dec. 1, 2018.)