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Rule 26. Filing and service of briefs.

(a) Time for service and filing briefs.Briefs shall be deemed filed on the date of thepostmark if first-class mail is utilized. The appellant shall serve and file aprincipal brief within 40 days after date of notice from the clerk of theappellate court pursuant to Rule 13. If a motion for summary disposition of theappeal or a motion to remand for determination of ineffective assistance ofcounsel is filed after the Rule 13 briefing notice issent, service and filing of appellant's principal brief shall be within 30 daysfrom the denial of such motion. The appellee, or in cases involving across-appeal, the cross-appellant, shall serve and file a principal brief within30 days after service of the appellant's principal brief. In cases involvingcross-appeals, the appellant shall serve and file the appellant?s reply briefdescribed in Rule 24A(d) within 30 days after serviceof the cross-appellant's principal brief. A reply brief may be served and filedby the appellant or the cross-appellant in casesinvolving cross-appeals. If a reply brief is filed, itshall be served and filed within 30 days after the filing and service of theappellee's principal brief or the appellant's reply brief in cases involvingcross-appeals. If oral argument is scheduled fewerthan 35 days after the filing of appellee's principal brief, the reply briefmust be filed at least 5 days prior to oral argument. By stipulation filed withthe court in accordance with Rule 21(a), the parties may extend each of suchperiods for no more than 30 days. A motion for enlargement of time need notaccompany the stipulation. No such stipulation shall be effective unless it is filed prior to the expiration of the period sought to beextended.

(b) Number of copies to be filed and served. For matters pending in the Supreme Court,ten copies of each brief, one of which shall contain an original signature, shall be filed with the Clerk of the Supreme Court. For matterspending in the Court of Appeals, eight copies of each brief, one of which shallcontain an original signature, shall be filed with theClerk of the Court of Appeals. Two copies shall be servedon counsel for each party separately represented.

(c) Consequence of failure to fileprincipal briefs. If an appellant fails to file a principal brief within thetime provided in this rule, or within the time as may be extended by order ofthe appellate court, an appellee may move for dismissal of the appeal. If anappellee fails to file a principal brief within the time provided by this rule,or within the time as may be extended by order of the appellate court, anappellant may move that the appellee not be heard atoral argument.

(d) Return of record to the clerk. Eachparty, upon the filing of its brief, shall return the record to the clerk ofthe court having custody pursuant to these rules.

 

 

Effective November 15, 2017