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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.
If only one side waives (gives up) oral argument, the appellate court will hold oral argument with the other side. If everyone waives oral argument, the judges will consider your appeal based on the briefs and the record that were submitted.
A formal briefing schedule is not used in counseled bail appeals and recalcitrant witness appeals; the court instead uses an expedited memorandum briefing schedule. Briefing Schedule. The court sets the briefing schedule when the record is complete and sends notice to the parties of the dates the briefs are to be filed ...
(1) If produced on a computer, an opening or answering brief on the merits must not exceed 14,000 words, including footnotes, and a reply brief on the merits must not exceed 8,400 words, including footnotes.
A formal briefing schedule is not used in counseled bail appeals and recalcitrant witness appeals; the court instead uses an expedited memorandum briefing schedule. Briefing Schedule. The court sets the briefing schedule when the record is complete and sends notice to the parties of the dates the briefs are to be filed ...
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Appellee's brief is due 30 days after appellant's brief is served. The reply brief, if any, is due 21 days after service of appellee's brief. FRAP 31(a)(1). The appellant/petitioner is permitted to file only an appellant's brief and a single reply brief (in response to the brief(s) by appellee(s)).
The brief is a party's written argument filed with the Court of Appeals. The brief argues why the trial court made a mistake. It must include citations to the record and to cases, rules, or statutes, to support that argument.
(a) Time to file (2) A respondent must serve and file its brief within 30 days after the appellant files its opening brief. (3) An appellant must serve and file its reply brief, if any, within 20 days after the respondent files its brief.
The Court holds oral argument in about 70-80 cases each year. The arguments are an opportunity for the Justices to ask questions directly of the attorneys representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important.
The purpose of a reply brief is to address arguments made in the Opposition; it may not be used to raise new arguments, present new authorities, or introduce new evidence.

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