Cross-appeals

A cross-appeal is an appeal brought by the appellee against the appellant after the appellant has already filed an appeal from the same final judgment. Once this happens, the appellee will also be the cross-appellant, while the appellant will also become the cross-appellee.

The paperwork and process regarding cross-appeals is generally the same as for appeals. However, there are important differences regarding deadlines and the way parties can file appeal briefs in cross-appeals. For instance, the court treats the appeal and cross-appeal as two separate cases, giving each its own case number, and requiring separate filing fees.

  1. Starting the cross-appeal
  2. Cross-appeal briefs & excerpt of record
  3. Cross-appeal oral argument

1. Starting the cross-appeal

How do you cross-appeal?

You need to follow the same procedure and file the same documents that the appellant uses to start the appeal. This includes paying the filing fee and cost bond. However, there may be different deadlines involved in a cross-appeal. Please read carefully the cross-appeal section. To understand the process and papers for filing a cross appeal, please read the information on starting and filing an appeal (http://www.courts.alaska.gov/shc/appeals/appealsstart.htm).

When is the cross-appeal due?

You must file the papers to start the cross-appeal

OR

depending on which period ends last. So you need to look at the dates on both documents. From the date the Notice of Appeal was filed, add 14 days. From the date of the clerk’s certificate of distribution on the final judgment, add 30 days. Figure out which date is later. You must file your cross-appeal before that date.

Will the Superior Court record for the cross-appeal be the same as the appeal?

The Superior Court shall prepare 1 record on appeal for both the appeal and cross-appeal. So you will cite to the same record for the cross-appeal and the appeal.

2. Cross-appeal briefs & excerpt of record

Can you combine your cross-appeal arguments into your appellee brief?

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.

How does filing separate cross-appeal briefs work?

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 files

Appellee's Brief for Case #1
Opening Brief for Case #2 as the cross-appellant

Appellant files

Reply Brief for Case #1
Appellee's Brief for Case #2 as the cross-appellee

Appellee files

Reply brief for Case #2 as the cross-appellant

Do you need to tell the court when filing separate cross-appeal briefs?

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:

When are the cross-appeal briefs due?

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 (http://www.courts.alaska.gov/shc/appeals/briefgeneralinformation.htm#4) to understand when the appellee's brief and reply brief are due.

How do you write a cross-appeal brief?

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 (http://www.courts.alaska.gov/shc/appeals/appealsbrief.htm).

How many excerpts of record do you file with separate cross-appeal briefs?

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.

3. Cross-appeal oral argument

Are there separate oral arguments for cross-appeals?

No. When there is a cross-appeal, the appeal and cross-appeal are argued together.

How do you divide your time at oral argument?

Usually you have 15 minutes total. It is your choice as to how much time you will use to argue the appeal and the cross-appeal issues. Make sure you organize your time to cover everything you want to discuss.

Who goes first ?

It is just like a normal oral argument.

  1. Appellant / Cross-appellee speaks first. You can reserve time for rebuttal.
  2. Appellee / Cross-appellant speaks second. You do not get any time for rebuttal.
  3. If Appellant / Cross-appellee has any time left, you can use it for rebuttal.

How do you prepare for oral argument?

For detailed information, read our oral argument section (http://www.courts.alaska.gov/appeals/appealsoral.htm).

Rev. 02 January 2007