Rule 31: Filing and Service of Briefs
(a) Time Limits. Except in cases covered by Rule 47 (Expedited Proceedings),
(1) the appellant shall serve and file a brief not later than
(A) 60 days after the expiration of the 14-day period provided under Rule 10(b) (Record Before the Agency-Disputes) for the parties to notify the Court of any unresolved dispute regarding the Record Before the Agency, or
(B) 30 days after the completion of the Rule 33 staff conference, whichever is later.
Briefing deadlines may be modified by the Court when the Court is required to resolve a dispute in connection with a motion under Rule 10(b);
(2) the Secretary shall serve and file a brief not later than 60 days after service of the appellant's brief; and
(3) the appellant may serve and file a reply brief not later than 14 days after service of the Secretary's brief.
(b) Effect of Failure to File. If a party fails to file a brief within the time provided by this Rule or within the time as extended, the Court, on its own initiative or on motion by a party, may take appropriate action, to include dismissal of the appeal or sanctions.Back