MS · rules

Miss. R. App. P. 31

FILING AND SERVICE OF BRIEFS

activein force · 2018-10-25 – presentact-effective-date

(a) Notice of Briefing Schedule. Immediately upon filing of the record in the office

of the clerk of the Supreme Court, the clerk shall notify counsel of the filing of the record.

However, failure of the clerk to give, or of a party to receive, notice of the filing of the record

shall not excuse any delay in filing briefs.

(b) Time For Filing and Service of Briefs. The appellant shall serve and file the

appellant's brief within 40 days after the date on which the record is filed. The appellee shall

serve and file the appellee's brief within 30 days after service of the brief of the appellant.

The appellant may serve and file a reply brief within 14 days after service of the brief of the

appellee. In cross-appeals, the appellant and cross-appellee may serve and file a combined

responsive brief within 30 days after service of the combined brief of the appellee and

cross-appellant. The cross-appellant's reply under Rule 28(d) may then be served within 14

days after service of the appellant's combined responsive brief.

and three (3) copies of all briefs shall be filed with the clerk. In cases in which the appellant

has been sentenced to suffer the death penalty, the party shall file the original and nine (9)

copies of all briefs. The Supreme Court or the Court of Appeals may require that additional

copies be furnished.

(d) Consequences of Failure to File Briefs. If an appellant fails to file the

appellant's brief within the time provided by this rule or within the time as extended, the

appeal may be dismissed on motion of appellee or on the Supreme Court's own motion as

provided in Rule 2. If an appellee fails to file the appellee's brief as required, such brief, if

later filed, may be stricken from the record on motion of appellant or on the motion of the

appropriate appellate court. An appellee who fails to file a brief will not be heard at oral

argument except by permission of the court.

(e) Suspension of Briefing. When ordered by the Supreme Court, the clerk shall

suspend the briefing schedule. The clerk may suspend the briefing schedule in response to

a filing or other action which affects the record or the briefing process, or when suspension

is not opposed by any party.

History

[Adopted to govern matters filed on or after January 1, 1995; amended effective August 2, 2012; amended effective October 25, 2018, to accommodate electronic filing.] Comment: Rule 31 is based on Fed. R. App. P. 31, and the former rules of the Supreme Court. Under Rule 25(a), briefs and record excerpts are deemed filed on the day of mailing by first class mail with postage prepaid, or any more expeditious form of delivery. Under Rule 26(c), service by mail adds three days to the prescribed period.

Provenance

Source: courts.ms.gov
Retrieved: 2026-09-25
Edition: 2026-09-25
Content hash: 86ec2057d438244e6819190440b18de4f4ede1d83d9e6c76104106f8b04a1b9d

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