C.A.R. 28.1

(a) Applicability. This rule applies to a case in which a cross-appeal is filed.

(b) Designation of Appellant. The party who files a notice of appeal first is the

appellant for the purposes of this rule and C.A.R. 34. These designations may be modified

by the parties’ agreement or by court order.

(c) Appellant’s Opening Brief. The appellant must file an opening brief in the appeal.

This brief must be entitled ‘‘opening brief’’ and must comply with C.A.R. 28(a) and

(d)-(h).

(d) Appellee’s Opening-Answer Brief. The appellee must file an opening brief in the

cross-appeal and must, in the same brief, respond to the opening brief in the appeal. This

brief must be entitled ‘‘opening-answer brief’’ and must comply with C.A.R. 28(a), (b),

and (d)-(h), except that the brief need not include a statement of the case unless the

appellee is dissatisfied with the appellant’s statement of the case.

(e) Appellant’s Answer-Reply Brief. The appellant must file a brief that responds to

the portion of the opening-answer brief that constitutes an opening brief in the cross-appeal, and may, in the same brief, reply to the portion of the opening-answer brief that

constitutes an answer brief in the appeal. This brief must be entitled ‘‘answer-reply brief’’

and must comply with C.A.R. 28(b)-(h).

(f) Appellee’s Reply Brief. The appellee may reply to the portion of the answer-reply

brief that constitutes an answer brief. This brief must be entitled ‘‘reply brief’’ and must

comply with C.A.R. 28(c)-(h) and must be limited to the issues raised in the cross-appeal.

No further briefs may be filed except with leave of court.

(g) Length of Briefs.

(1) An opening, opening-answer, and answer-reply brief must contain no more than

9,500 words. An appellee’s reply brief must contain no more than 5,700 words. Headings,

footnotes, and quotations count toward the word limitations. The caption, table of contents,

table of authorities, certificate of compliance, certificate of service, and signature block do

not count toward the word limit.

(2) A self-represented party who does not have access to a word-processing system

must file a typewritten or legibly handwritten opening, opening-answer, or answer-reply

brief of not more than 30 double-spaced and single-sided pages, or a reply brief of no more

than 18 double-spaced and single-sided pages. Such a brief must otherwise comply with

C.A.R. 32.

(3) A party may file a motion to exceed the word limitation explaining the reasons why

additional words are necessary. The motion must be filed with the brief.

(h) Citation of Supplemental Authorities. If pertinent and significant new authority,

including legislation, comes to a party’s attention after the party’s brief has been filed, a

party may promptly advise the court by giving notice, with a copy to all parties. The notice

must set forth the citation and state, without argument, the reason for the supplemental

citation, referring either to the page of the brief or to a point argued orally. The body of the

notice must not exceed 350 words. Any response must be made promptly and must be

similarly limited.

(i) Notice of Settlement or Resolution. When the parties have agreed to settle or

otherwise resolve a pending case, they must notify the court immediately.