Rule 28.1. Cross-Appeals
(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 or a statement of the facts 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)–(9) and (11), except that none of the following need appear unless the appellant is dissatisfied with the appellee’s statement in the 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; an intervenor’s or 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) and (3), 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.
(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:
(2)
the appellee’s principal and response brief, within 30 days after the appellant’s principal brief is served;