Yes, you can file a single brief for both the cross appeal and the response to the appellant’s opening brief. Please see Appellate Rule 212(c)(6).
Most people will file two complete sets of appeal briefs (1 for the initial appeal and 1 for the cross-appeal) when there is a cross-appeal because it is less confusing and allows more page space to deal with the cross-appeal issues.
The following summarizes how the briefs would come into the Appellate Court Clerk’s Office. “Case #1” refers to the original appeal and “Case #2” refers to the cross-appeal.
Appellant starts by filing
Opening Brief for Case #1
Appellee's Brief for Case #1
Opening Brief for Case #2 as the cross-appellant
Reply Brief for Case #1
Appellee's Brief for Case #2 as the cross-appellee
Reply brief for Case #2 as the cross-appellant
Yes. Within 10 days after being served by the case manager with the notice of the due date for appellant’s opening brief, file and serve:
You will receive a notice from the case manager as to when the cross-appeal briefs are due. Please read about due dates for appeals briefs to understand when the appellee's brief and reply brief are due.
Cross-appeal briefs have the same required sections and formatting as appeal briefs that don’t involve a cross-appeal. For detailed information, read our Writing an Appeal Brief section.
When filing separate briefs for a cross-appeal, the appellant and the cross-appellant need to prepare a combined excerpt of record for both the initial appeal and the cross-appeal.
| Rev. 02 January 2007
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