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Fed. R. Bankr. P. 8016

Cross-Appeals

activein force · 2024-12-01 – presentact-effective-date

(a) APPLICABILITY. This rule applies to a case in which a cross-appeal is filed. Rules 8014(a)–(c), 8015(a)(7)(A)–(B), and 8018(a)(1)–(3)

do not apply to such a case, unless this rule states otherwise.

(b) DESIGNATION OF APPELLANT. The party who files a notice of

appeal first is the appellant for purposes of this rule and Rule

117 Rule 8016 FEDERAL RULES OF BANKRUPTCY PROCEDURE

8018(a)(4) and (b) and Rule 8019. If notices are filed on the same

day, the plaintiff, petitioner, applicant, or movant 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

8014(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 brief

must comply with Rule 8014(a), but 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 8014(a)(2)–(8) and

(10), but 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 applicable standard of appellate

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 8014(a)(2)–(3) and (10) and must be limited to the

issues presented by the cross-appeal.

(d) LENGTH.

(1) Page Limitation. Unless it complies with (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) Appellant’s Brief. The appellant’s principal brief or

the appellant’s response and reply brief is acceptable if it

includes a certificate under Rule 8015(h) and:

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

principal and response brief is acceptable if it includes a

certificate under Rule 8015(h) and:

(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) Appellee’s Reply Brief. The appellee’s reply brief is acceptable if it includes a certificate under Rule 8015(h) and

contains no more than half the type volume specified in

(A).

118 Rule 8017 FEDERAL RULES OF BANKRUPTCY PROCEDURE

(e) TIME TO SERVE AND FILE A BRIEF. Briefs must be served and

filed as follows, unless the district court or BAP by order in a particular case excuses the filing of briefs or sets different time limits:

(1) the appellant’s principal brief, within 30 days after the

docketing of a notice that the record has been sent or is available electronically;

(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 14 days after the appellant’s response and reply brief is served but at least 7 days before scheduled argument—unless the district court or BAP, for

cause, allows a later filing.

(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 26, 2018, eff.

Dec. 1, 2018; Apr. 2, 2024, eff. Dec. 1, 2024.)

Provenance

Source
uscourts.gov
Retrieved
2026-09-03
Edition
2026-08-19
Content hash
4aa75be4bb665bef027598b1a3f72ab4786c972b97402621f32176e6b0fb77b7
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Fed. R. Bankr. P. 8016 — Cross-Appeals · binding.law