FILING AND SERVICE OF BRIEFS SERVING AND FILING BRIEFS
Time for Serving and Filing Briefs Time to Serve and File a Brief; Where Filed. The appellant shall serve and file appellant's a brief within 40 days after the date on which the transcript is filed; but , if no transcript is ordered, within 40 days after the notice of appeal is filed. The appellee shall serve and file appellee's a brief within 30 days after service of the brief of the appellant the appellant's brief is served. The appellant may serve and file a reply brief within 14 days after service of the brief of the appellee appellee's brief; however, if there is less than 14 days before oral argument the reply brief must be filed at least 3 days before argument. All briefs must be filed with the clerk of the supreme court.
(b) Number of Copies to Be Filed and Served.
(1) Each brief must be served and filed as follows:
(A) One copy of each brief must be served on counsel for each party separately represented.
(B) Seven copies and an original of each brief must be filed with the clerk of the supreme court.
(C) One electronic copy of each brief must be filed with the clerk of the supreme court on a 3.5 inch diskette unless the filing party certifies the brief was not prepared on a computer or word processor.
(2) The diskette must be formatted in WordPerfect; or, if WordPerfect is not available, Microsoft Word; or, if Microsoft Word is not available, ASCII; or other compatible electronic language. The diskette must contain a label indicating:
(A) the title and docket number of the case;
(B) the name of the document contained on the diskette; and
(C) the language format of the document.
(c) Consequence of Failure to File
Briefs. If an appellant fails to file a brief within the time provided by this rule , or within the time as extended, an appellee may move for dismissal of the appeal. or within an extended time, an appellee may move to dismiss the appeal. If an appellee fails to file an appropriate brief, sanctions may be imposed under Rule 13 which may include refusal to be heard at oral argument. An appellee who fails to file a brief will not be heard at oral argument unless the court grants permission.
Rule 31 was amended, effective January 1, 1988; March 1, 1997; March 1, 1999;______________________.
SOURCES: Joint Procedure Committee Minutes of _____________________; September 28-29, 1995, page 12; May 21-22, 1987, page 17; February 19-20, 1987, page 8; September 18-19, 1986, pages 2, 20; May 25-26, 1978, page 17; October 27-28, 1977, pages 6-7; September 15-16, 1977, pages 13-14.
Rule 31, FRAppP Fed.R.App.P. 31.
Rule N.D.R.App.P. 26(b) (Enlargement of Time), Rule N.D.R.App.P. 28 (Contents of Briefs; Briefs Involving Cross-Appeals), Rule N.D.R.App.P. 30 (Appendix), and Rule N.D.R.App.P. 32 (Form of Briefs) , N.D.R.App.P.