Fed. R. App. P. 28.1

(a) Applicability. This rule applies to a case in which a cross-appeal is filed. Rules 28(a)–(c), 31(a)(1), 32(a)(2), and 32(a)(7(A)–(B) do

not apply to such a case, except as otherwise provided in this rule.

(b) Designation of Appellant. The party who files a notice of appeal first is the appellant for the purposes of this rule and Rules

30 and 34. If notices are filed on the same day, the plaintiff in the

proceeding below is the appellant. These designations may be

modified by the parties’ agreement or by court order.

(c) Briefs. In a case involving a cross-appeal:

(1) Appellant’s Principal Brief. The appellant must file a

principal brief in the appeal. That brief must comply with

Rule 28(a).

(2) Appellee’s Principal and Response Brief. The appellee

must file a principal brief in the cross-appeal and must, in the

same brief, respond to the principal brief in the appeal. That

appellee’s brief must comply with Rule 28(a), except that the

brief need not include a statement of the case unless the appellee is dissatisfied with the appellant’s statement.

(3) Appellant’s Response and Reply Brief. The appellant must

file a brief that responds to the principal brief in the cross-appeal and may, in the same brief, reply to the response in the

appeal. That brief must comply with Rule 28(a)(2)–(8) and (10),

except that none of the following need appear unless the appellant is dissatisfied with the appellee’s statement in the cross-appeal:

(A) the jurisdictional statement;

(B) the statement of the issues;

(C) the statement of the case; and

(D) the statement of the standard of review.

(4) Appellee’s Reply Brief. The appellee may file a brief in

reply to the response in the cross-appeal. That brief must comply with Rule 28(a)(2)–(3) and (10) and must be limited to the

issues presented by the cross-appeal.

(5) No Further Briefs. Unless the court permits, no further

briefs may be filed in a case involving a cross-appeal.

(d) Cover. Except for filings by unrepresented parties, the cover

of the appellant’s principal brief must be blue; the appellee’s principal and response brief, red; the appellant’s response and reply

brief, yellow; the appellee’s reply brief, gray; and intervenor’s or

34 Rule 29 FEDERAL RULES OF APPELLATE PROCEDURE

amicus curiae’s brief, green; and any supplemental brief, tan. The

front cover of a brief must contain the information required by

Rule 32(a)(2).

(e) Length.

(1) Page Limitation. Unless it complies with Rule 28.1(e)(2),

the appellant’s principal brief must not exceed 30 pages; the

appellee’s principal and response brief, 35 pages; the appellant’s response and reply brief, 30 pages; and the appellee’s

reply brief, 15 pages.

(2) Type-Volume Limitation.

(A) The appellant’s principal brief or the appellant’s response and reply brief is acceptable if it:

(i) contains no more than 13,000 words; or

(ii) uses a monospaced face and contains no more

than 1,300 lines of text.

(B) The appellee’s principal and response brief is acceptable if it:

(i) contains no more than 15,300 words; or

(ii) uses a monospaced face and contains no more

than 1,500 lines of text.

(C) The appellee’s reply brief is acceptable if it contains

no more than half of the type volume specified in Rule

28.1(e)(2)(A).

(f) Time to Serve and File a Brief. Briefs must be served and filed

as follows:

(1) the appellant’s principal brief, within 40 days after the

record is filed;

(2) the appellee’s principal and response brief, within 30 days

after the appellant’s principal brief is served;

(3) the appellant’s response and reply brief, within 30 days

after the appellee’s principal and response brief is served; and

(4) the appellee’s reply brief, within 21 days after the appellant’s response and reply brief is served, but at least 7 days before argument unless the court, for good cause, allows a later

filing.

(As added Apr. 25, 2005, eff. Dec. 1, 2005; amended Mar. 26, 2009, eff.

Dec. 1, 2009; Apr. 16, 2013, eff. Dec. 1, 2013; Apr. 28, 2016, eff. Dec.

1, 2016; Apr. 26, 2018, eff. Dec. 1, 2018.)