Rule 8016 — Cross-Appeals

Fed. R. Bankr. P. 8016

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 8016
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 8016

Text

(a) APPLICABILITY. This rule applies to a case in which a cross-
appeal is filed. Rules 8014(a)–(c), 8015(a)(7)(A)–(B), and 8018(a)(1)–(3)
do not apply to such a case, unless this rule states otherwise.
(b) DESIGNATION OF APPELLANT. The party who files a notice of
appeal first is the appellant for purposes of this rule and Rule

8018(a)(4) and (b) and Rule 8019. If notices are filed on the same
day, the plaintiff, petitioner, applicant, or movant in the proceed-
ing below is the appellant. These designations may be modified by
the parties’ agreement or by court order.
(c) BRIEFS. In a case involving a cross-appeal:
(1) Appellant’s Principal Brief. The appellant must file a prin-
cipal brief in the appeal. That brief must comply with Rule
8014(a).
(2) Appellee’s Principal and Response Brief. The appellee must
file a principal brief in the cross-appeal and must, in the same
brief, respond to the principal brief in the appeal. That brief
must comply with Rule 8014(a), but the brief need not include
a statement of the case unless the appellee is dissatisfied with
the appellant’s statement.
(3) Appellant’s Response and Reply Brief. The appellant must
file a brief that responds to the principal brief in the cross-ap-
peal and may, in the same brief, reply to the response in the
appeal. That brief must comply with Rule 8014(a)(2)–(8) and
(10), but none of the following need appear unless the appellant
is dissatisfied with the appellee’s statement in the cross-ap-
peal:
(A) the jurisdictional statement;
(B) the statement of the issues;
(C) the statement of the case; and
(D) the statement of the applicable standard of appellate
review.
(4) Appellee’s Reply Brief. The appellee may file a brief in
reply to the response in the cross-appeal. That brief must com-
ply with Rule 8014(a)(2)–(3) and (10) and must be limited to the
issues presented by the cross-appeal.
(d) LENGTH.
(1) Page Limitation. Unless it complies with (2), the appel-
lant’s principal brief must not exceed 30 pages; the appellee’s
principal and response brief, 35 pages; the appellant’s response
and reply brief, 30 pages; and the appellee’s reply brief, 15
pages.
(2) Type-Volume Limitation.
(A) Appellant’s Brief. The appellant’s principal brief or
the appellant’s response and reply brief is acceptable if it
includes a certificate under Rule 8015(h) and:
(i) contains no more than 13,000 words; or
(ii) uses a monospaced face and contains no more
than 1,300 lines of text.
(B) Appellee’s Principal and Response Brief. The appellee’s
principal and response brief is acceptable if it includes a
certificate under Rule 8015(h) and:
(i) contains no more than 15,300 words; or
(ii) uses a monospaced face and contains no more
than 1,500 lines of text.
(C) Appellee’s Reply Brief. The appellee’s reply brief is ac-
ceptable if it includes a certificate under Rule 8015(h) and
contains no more than half the type volume specified in
(A).

(e) TIME TO SERVE AND FILE A BRIEF. Briefs must be served and
filed as follows, unless the district court or BAP by order in a par-
ticular case excuses the filing of briefs or sets different time lim-
its:
(1) the appellant’s principal brief, within 30 days after the
docketing of a notice that the record has been sent or is avail-
able electronically;
(2) the appellee’s principal and response brief, within 30 days
after the appellant’s principal brief is served;
(3) the appellant’s response and reply brief, within 30 days
after the appellee’s principal and response brief is served; and
(4) the appellee’s reply brief, within 14 days after the appel-
lant’s response and reply brief is served but at least 7 days be-
fore scheduled argument—unless the district court or BAP, for
cause, allows a later filing.
(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 26, 2018, eff.
Dec. 1, 2018; Apr. 2, 2024, eff. Dec. 1, 2024.)