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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