Search Tips


Effective Date: 1/1/1988

Obsolete Date: 3/1/1997

(a) Time for Serving and Filing Briefs; Where Filed. The appellant shall serve and file appellant's 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 brief within 30 days after service of the brief of the appellant. The appellant may serve and file a reply brief within 14 days after service of the brief of the appellee. Except for good cause shown, a 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. Seven copies and an original of each brief shall be filed with the clerk of the supreme court unless the court by order in a particular case shall permit a lesser number, and one copy shall be served on counsel for each party separately represented.

(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. If an appellee fails to file an appropriate brief, sanctions may be imposed pursuant to Rule 13 which may include refusal to be heard at oral argument.

[Amended effective January 1, 1988.]

Rule 31 was amended, effective January 1, 1988; March 1, 1997; March 1, 1999; March 1, 2001; technical amendments effective August 1, 2001; March 1, 2003; March 1, 2008; March 1, 2011; October 1, 2014; March 1, 2019; November 1, 2020; April 8, 2024.

Rule 31 was amended, effective March 1, 2003, in response to the December 1, 1998, amendments to Fed.R.App.P. 31. The language and organization of subdivisions (a) and (c) were changed to make the rule more easily understood and to make terminology and style consistent throughout the rules.

Subdivision (a) was amended, effective March 1, 2011, to change the deadline for an appellant to serve and file a reply brief if there is less than 14 days before argument from 3 to 5 days before argument.

Subdivision (b) was amended, effective March 1, 2008, to require that a copy of each brief be served on each self-represented party. The subdivision was also amended to update requirements for filing an electronic copy with paper briefs.

Subdivision (b) was amended, effective October 1, 2014, to conform the rule to electronic filing. All parties, whether filing electronically or in paper, must file an electronic copy of the brief unless the party certifies that the brief was not prepared on a computer or word processor.

Paragraphs (b)(1) and (b)(2) were amended, effective March 1, 2019, to eliminate filing of a word processing version of a brief with the clerk of the supreme court and to clarify requirements for service on self-represented parties or prisoners.

Paragraph (b)(1) was amended, effective November 1, 2020, to require an origianl of each brief to be filed when filing is by mail or commercial carrier.

Subdivision (c) was amended, effective March 1, 2008, to clarify extension and dismissal procedure.

Rule 31 was amended, effective October 1, 2014, to replace "supreme court clerk" with "clerk of the supreme court."

Rule 31 was amended, effective, April 8, 2024, upon the adoption of the supreme court’s electronic filing system. Unless otherwise exempted under the rule, parties are required to electronically file and serve briefs with the clerk of the supreme court.

SOURCES: Supreme Court Rulemaking of March 12, 2024; Joint Procedure Committee Minutes of September 24, 2020, pages 2-3; September 26, 2013, pages 26-27; April 29-30, 2010, page 24; January 25, 2007, page 19; September 27-28, 2001, page 23; April 26-27, 2001, page 9; 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. Fed.R.App.P. 31.

CROSS REFERENCE: N.D.R.App.P. 25 (Filing and Service); N.D.R.App.P. 26(b) (Extending Time) , N.D.R.App.P. 28 (Briefs) , N.D.R.App.P. 30 (References to the Record), N.D.R.App.P. 32 (Form of Briefs and Other Documents).

Effective Date Obsolete Date
04/08/2024 View
03/01/2022 04/08/2024 View
11/01/2020 03/01/2022 View
03/01/2019 11/01/2020 View
10/01/2014 03/01/2019 View
03/01/2011 10/01/2014 View
03/01/2008 03/01/2011 View
03/01/2003 03/01/2008 View
08/01/2001 03/01/2003 View
03/01/2001 08/01/2001 View
03/01/1999 03/01/2001 View
03/01/1997 03/01/1999 View
01/01/1988 03/01/1997 View