Fed. Cir. R. 31

(a) Time for Service and Filing.

(1) Brief of Appellant or Petitioner.

(A) In an appeal from a court, the appellant must serve and

file its principal brief within sixty (60) days after

docketing.

(B) In an appeal from an agency, the petitioner or appellant

must serve and file its principal brief within sixty (60)

days after the certified list or index is served pursuant to

Federal Circuit Rule 17(c).

(C) When two or more appellants or petitioners choose to

proceed by filing a single brief, that brief must be served

and filed no later than the latest date on which the

principal brief of any of those appellants or petitioners is

due.

(D) In consolidated cases in which more than one set of

parties filed a notice of appeal or petition for review, the

deadline for the principal brief of the appellant or

petitioner is computed from the docketing date of the

last-docketed case or the date of service of the last-served

certified list or index. In consolidated cross-appeals, the

deadline is computed from the docketing date of the first-

docketed case or date of service of the first-served

certified list or index.

(2) Brief of Appellee or Cross-Appellant.

The appellee or cross-appellant must serve and file its principal

brief within forty (40) days after the appellant’s brief is served.

In a petition for review or appeal from an agency, if the certified

list or index is served after the appellant’s principal brief, the

appellee or cross-appellant must service and file its principal

brief within forty (40) days after service of the certif ied list or

index.

(3) Cross-Appeal.

In a cross-appeal, the following apply:

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(A) the appellant must serve and file its response and reply

brief within forty (40) days after the cross-appellant’s

principal and response brief is served; and

(B) the cross-appellant must serve and file its reply brief

within twenty-one (21) days after the appellant’s

response and reply brief is served.

(4) Brief Responding to Multiple Parties.

A brief that responds to the briefs of multiple parties must be

served and filed within the time prescribed after service of the

last of those briefs. If one party timely files its brief and another

party fails to file, then the deadline for any responsive brief will

be calculated from the date of service of the filed brief or the

date the unfiled brief was due, whichever is later.

(b) Number of Copies.

Six (6) paper copies of each brief, or three (3) paper copies if filing an

informal brief, must be provided to the court in accordance with

Federal Circuit Rule 25(c)(3). In appeals where all parties are

represented by counsel, an additional paper copy of each brief must be

provided by the fil er to principal counsel for the other parties within

the same timeframe prescribed by Federal Circuit Rule 25(c)(3) unless

principal counsel states that a paper copy need not be provided. No

copies are required to be sent to counsel for amici curiae, but counsel

for amici curiae must send a copy to each party as required by this

subsection.

(c) Certain Motions Suspend the Briefing Schedule.

When a motion is filed that, if granted, would terminate an appeal,

cross-appeal, or consolidated appeal, the briefing schedule is

suspended. This suspension does not apply to an appellant’s principal

brief if the motion would only terminate a cross-appeal. If the motion

is denied, the next brief becomes due, unless the court orders

otherwise, within the balance of the time remaining under this rule

when the motion was filed, but not fewer than fourteen (14) days from

the date of the order.

(d) Consequence of Failure to File a Brief by Appellant or

Petitioner.

If the appellant or petitioner fails to file a principal brief, the clerk of

court is authorized to dismiss the case.

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(e) Time for Filing Informal Brief.

The deadlines to serve and file informal briefs are the same as those

for briefs that are not informal. See Federal Rule of Appellate

Procedure 31(a)(1) and Federal Circuit Rule 31(a).

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