Briefs

(a) Contents of Briefs: Additional Requirements. Briefs for an appellant/petitioner and an appellee/respondent, and briefs for an intervenor and an amicus curiae, must contain the following in addition to the items required by FRAP 28: (1) Certificate. Immediately inside the cover and preceding the table of contents, a certificate titled "Certificate as to Parties, Rulings, and Related Cases," which contains a separate paragraph or paragraphs, with the appropriate heading, corresponding to, and in the same order as, each of the sub- paragraphs below. (A) Parties and Amici.

The appellant or petitioner must furnish a list of all parties, intervenors, and amici who have appeared before the district court, and all persons who are parties, intervenors, or amici in this court. An appellee or respondent, intervenor, or amicus may omit from its certificate those persons who were listed by the appellant or petitioner, but must state: "[Except for the following,] all parties, intervenors, and amici appearing [before the district court and] in this court are listed in the Brief for ." Any party or amicus curiae that is a corporation, association, joint venture, partnership, syndicate, or other similar entity must make the disclosure required by Circuit Rule 26.1. In a criminal case, the government must make the disclosure required by FRAP 26.1(b), and the appropriate party in a bankruptcy case must make the disclosure required by FRAP 26.1(c). (B) Rulings Under Review.

Appropriate references must be made to each ruling at issue in this court, including the date, the name of the district court judge (if any), the place in the appendix where the ruling can be found, and any official citation in the case of a district court or Tax Court opinion, the Federal Register citation and/or other citation in the case of an agency decision, or a statement that no such citation exists. Such references need not be included if they are contained in a brief previously filed by another person, but the certificate must state: "[Except for the following,] references to the rulings at issue appear in the Brief for ." Rule 28 (C) Related Cases. A statement indicating whether the case on review was previously before this court or any other court and, if so, the name and number of such prior case. The statement must also contain similar information for any other related cases currently pending in this court or in any other court of which counsel is aware.

For purposes of this rule, the phrase "any other court" means any other United States court of appeals or any other court (whether federal or local) in the District of Columbia. The phrase "any other related cases" means any case involving substantially the same parties and the same or similar issues. If there are no related cases, the certificate must so state. (2) Table of Authorities.

In the left-hand margin of the table of authorities, an asterisk may be placed next to those authorities on which the brief principally relies, together with a notation at the bottom of the first page of the table stating: "Authorities upon which we chiefly rely are marked with asterisks." Even though the marking of “principal authorities” is optional, the table of authorities must identify each page of the brief on which the authority is cited; passim or similar terms may not be used. (3) Glossary. All briefs containing abbreviations, including acronyms, must provide a "Glossary" defining each such abbreviation on a page immediately following the table of authorities. Abbreviations that are part of common usage need not be defined.

(4) Statement of Jurisdiction. The brief of the appellant or petitioner must set forth the jurisdictional statement required by FRAP 28(a)(4). Any party, intervenor, or amicus curiae may include in its brief a counter statement regarding jurisdiction. (5) Statutes and Regulations.

Pertinent statutes and regulations must be set forth either in the body of the brief following the statement of the issues presented for review or in an addendum introduced by a table of contents and bound with the brief or separately; in the latter case a statement must appear in the body of the brief referencing the addendum. Any addendum exceeding 40 pages must be bound separately from the brief. If the statutes and regulations are included in an addendum bound with the brief, the addendum must be separated from the body of the brief (and from any other addendum) by a distinctly colored separation page. If the pertinent statutes and regulations are contained in a brief previously submitted by another party, they need not be repeated but, if they are not repeated, a statement must appear under this heading as follows: "[Except for the following,] all applicable statutes, etc., are contained in the Brief for ." (6) Summary of Argument.

Except when a brief contains a "Standing" section as required by Circuit Rule 28(a)(7), in each brief, including a reply brief, a summary of argument must immediately precede the argument; the summary of argument must contain a succinct, clear statement of the arguments made in the body of the brief and not merely repeat the argument headings. (7) Standing. In cases involving direct review in this court of administrative actions, the brief of the appellant or petitioner must set forth the basis for the claim of standing. This section, entitled "Standing," must follow the summary of argument and immediately precede the argument.

The brief must include arguments and cite evidence establishing by a “substantial probability” the claim of standing. See Sierra Club v. EPA, 292 F.3d 895, 898 (D.C. Cir. 2002). If the supporting evidence is Rule 28 not contained in the administrative record, it must be included in an addendum to the brief.

If it is bound with the brief, the addendum must be separated from the body of the brief (and from any other addendum) by a distinctly colored separation page. Any addendum exceeding 40 pages must be bound separately from the brief. (8) Reference to Oral Argument and Submission Without Oral Argument. If a case has been scheduled for oral argument, has already been argued, or is being submitted without oral argument, a brief must so state in capital letters at the top of the front cover and, where applicable, include the date of the argument.

(b) References to Authorities and Other Material. When citing to the record, authorities, or any other material, citations must refer to specific pages of the source; passim or similar terms may not be used. (c) Length of Briefs. The length of briefs is governed by FRAP 28.1, 32(a)(7), and Circuit Rule 32(e).

(d) Briefs for Intervenors. The rules stated below apply with respect to the brief for an intervenor in this court. For purposes of this rule, an intervenor is an interested person who has sought and obtained the court's leave to participate in an already instituted proceeding. (1) Except by permission or direction of the court, the brief must conform to the brief lengths set out in Circuit Rule 32(e)(2).

(2) The brief must avoid repetition of facts or legal arguments made in the principal (appellant/petitioner or appellee/respondent) brief, and focus on points not made or adequately elaborated upon in the principal brief, although relevant to the issues before this court. (3) Except as otherwise directed by the court, the brief must be filed in accordance with the time limitations described in FRAP 29. (4) Intervenors on the same side must join in a single brief to the extent practicable. This requirement does not apply to a governmental entity.

(For this purpose, the term "governmental entity" includes the United States or an officer or agency thereof, the District of Columbia, or a State, Territory, or Commonwealth of the United States.) Any separate brief for an intervenor must contain a certificate of counsel plainly stating why the separate brief is necessary. Generally unacceptable grounds for the filing of separate briefs include representations that the issues presented require greater length than these rules allow (appropriately addressed by a motion to exceed length limits), that counsel cannot coordinate their efforts due to geographical dispersion, or that separate presentations were allowed in earlier proceedings. (5) A reply brief may be filed for an intervenor on the side of appellant or petitioner at the time the appellant's or petitioner's reply brief is due. Rule 28 (e) Request to Exceed the Limits on the Length of Briefs and for Extension of Time for Filing.

(1) The court disfavors motions to exceed limits on the length of briefs and motions to extend the time for filing briefs that affect the oral argument schedule. Such motions will be granted only for extraordinarily compelling reasons. (2) A motion to exceed the limits on length of briefs or to extend the filing time for a brief must be filed at least 7 days before the brief is due. Untimely motions will be denied absent exceptional circumstances, except that, where good cause is shown, the clerk may grant unopposed late-filed motions for extension of time that do not affect the oral argument schedule.

(3) Before filing a motion to exceed the limits on length of briefs, or to extend the time for filing, the moving party must attempt to obtain the consent of the opposing side. If consent is not obtained, the moving party must attempt to inquire whether an opposition or other form of response will be filed. The opening paragraph of any such motion must recite the position taken by the opposing party in response to these inquiries, or the efforts made to obtain a response. The following requirements pertain to service (i) on an opposing party who has not consented to electronic service or (ii) for motions to exceed the limits on length of briefs or to extend the time for filing that are not filed electronically.

If the opposing side has stated an intention to file an opposition or other response, or has not been reached after reasonable effort, the moving party must serve the motion by hand, or if such service is not feasible, by giving telephone notice of the filing and serving the motion by the most expeditious form of service. If the moving party is unable to effect service by hand or telephone notice at the time of filing, the opening paragraph of the motion must recite the efforts made to do so. (4) Submission of a motion to exceed the limits on length of briefs or extend the time for filing a brief does not toll the time for compliance with filing requirements. Movants will be expected to meet all filing requirements in the absence of an order granting a waiver.

(f) Citation of Supplemental Authorities. After briefing has been completed, a party may file an original and 4 copies of a letter pursuant to FRAP 28(j). See also Circuit Rule 28.1 (Cross-Appeals), Circuit Rule 29 (Brief of an Amicus Curiae), Circuit Rule 32.1 (Citing Judicial Dispositions), and Circuit Rule 47.1 (Matters Under Seal). Rule 28 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 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; 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). Rule 28.1 (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. Rule 28.1 Circuit Rule 28.1 Cross-Appeals (a) Designation of Appellant. When, pursuant to FRAP 28.1, the parties agree that a party other than the first one to file a notice of appeal will be deemed the appellant for purposes of this rule, they must so notify the court.

In a civil case, this notice must be given at the time the docketing statement is filed. In a criminal case, the parties must so notify the court at the time of the filing of the final transcript status report. (b) Contents of Briefs. Briefs in cross-appeals must comply with all applicable provisions of FRAP 28, FRAP 28.1, and D.C. Cir.

Rule 28. (c) Time to Serve and File a Brief. Parties must serve and file their briefs in accordance with the scheduling order issued by the court. Rule 28.1 Rule 29.

Brief of an Amicus Curiae (a) During Initial Consideration of a Case on the Merits. (1) Applicability. This Rule 29(a) governs amicus filings during a court’s initial consideration of a case on the merits. (2) When Permitted.

The United States or its officer or agency or a state may file an amicus brief without the consent of the parties or leave of court. Any other amicus curiae may file a brief only by leave of court or if the brief states that all parties have consented to its filing, but a court of appeals may prohibit the filing of or may strike an amicus brief that would result in a judge’s disqualification. (3) Motion for Leave to File. The motion must be accompanied by the proposed brief and state: (A) the movant's interest; and (B) the reason why an amicus brief is desirable and why the matters asserted are relevant to the disposition of the case.

(4) Contents and Form. An amicus brief must comply with Rule 32. In addition to the requirements of Rule 32, the cover must identify the party or parties supported and indicate whether the brief supports affirmance or reversal. An amicus brief need not comply with Rule 28, but must include the following: (A) if the amicus curiae is a corporation, a disclosure statement like that required of parties by Rule 26.1; (B) a table of contents, with page references; (C) a table of authorities-cases (alphabetically arranged), statutes, and other authorities-with references to the pages of the brief where they are cited; (D) a concise statement of the identity of the amicus curiae, its interest in the case, and the source of its authority to file; (E) unless the amicus curiae is one listed in the first sentence of Rule 29(a)(2), a statement that indicates whether: (i) a party’s counsel authored the brief in whole or in part; (ii) a party or a party’s counsel contributed money that was intended to fund preparing or submitting the brief; and (iii) a person-other than the amicus curiae, its members, or its counsel-contributed money that was intended to fund preparing or submitting the brief and, if so, identifies each such person; Rule 29 (F) an argument, which may be preceded by a summary and which need not include a statement of the applicable standard of review; and (G) a certificate of compliance under Rule 32(g)(1), if length is computed using a word or line limit.

(5) Length. Except by the court's permission, an amicus brief may be no more than one-half the maximum length authorized by these rules for a party's principal brief. If the court grants a party permission to file a longer brief, that extension does not affect the length of an amicus brief. (6) Time for Filing.

An amicus curiae must file its brief, accompanied by a motion for filing when necessary, no later than 7 days after the principal brief of the party being supported is filed. An amicus curiae that does not support either party must file its brief no later than 7 days after the appellant's or petitioner's principal brief is filed. A court may grant leave for later filing, specifying the time within which an opposing party may answer. (7) Reply Brief.

Except by the court's permission, an amicus curiae may not file a reply brief. (8) Oral Argument. An amicus curiae may participate in oral argument only with the court's permission. (b) During Consideration of Whether to Grant Rehearing.

(1) Applicability. This Rule 29(b) governs amicus filings during a court’s consideration of whether to grant panel rehearing or rehearing en banc, unless a local rule or order in a case provides otherwise. (2) When Permitted. The United States or its officer or agency or a state may file an amicus brief without the consent of the parties or leave of court.

Any other amicus curiae may file a brief only by leave of court. (3) Motion for Leave to File. Rule 29(a)(3) applies to a motion for leave. (4) Contents, Form, and Length.

Rule 29(a)(4) applies to the amicus brief. The brief must not exceed 2,600 words. (5) Time for Filing. An amicus curiae supporting the petition for rehearing or supporting neither party must file its brief, accompanied by a motion for filing when necessary, no later than 7 days after the petition is filed.

An amicus curiae opposing the petition must file its brief, accompanied by a motion for filing when necessary, no later than the date set by the court for the response. Rule 29 Circuit Rule 29 Brief of an Amicus Curiae This Rule governs the brief for an amicus curiae during the court’s initial consideration of the case on the merits and applies only to the brief for an amicus curiae not appointed by the court. A brief for an amicus curiae appointed by the court is governed by the provisions of Circuit Rule 28. (a) Contents of Brief.

The brief must avoid repetition of facts or legal arguments made in the principal (appellant/petitioner or appellee/respondent) brief and focus on points not made or adequately elaborated upon in the principal brief, although relevant to the issues before this court. (b) Leave to File. Any individual or non-governmental entity intending to participate as amicus curiae must file either a written representation that all parties consent to such participation, or, in the absence of such consent, a motion for leave to participate as amicus curiae. (For this purpose, the term "governmental entity" includes the United States or an officer or agency thereof, the District of Columbia, or a State, Territory, or Commonwealth of the United States.) Any disclosure statement required by Circuit Rule 26.1 must accompany a written representation of consent to participate as amicus curiae or a motion for leave to participate as amicus.

The time for filing is governed by FRAP 29(a)(6); however, the court encourages individuals and non-governmental entities to file a written representation of consent or motion for leave to participate, and governmental entities to file a notice of intent to file an amicus brief, as promptly as practicable after the case is docketed in this court. Leave to participate as amicus will not be granted and an amicus brief will not be accepted if the participation of amicus would result in the recusal of a member of the panel that has been assigned to the case. (c) Timely Filing. Generally, a brief for amicus curiae will be due as set by the briefing order in each case.

In the absence of provision for such a brief in the order, the brief must be filed in accordance with the time limitations described in FRAP 29(a)(6). (d) Single Brief. Amici curiae on the same side must join in a single brief to the extent practicable. This requirement does not apply to a governmental entity.

Any separate brief for an amicus curiae must contain a certificate of counsel plainly stating why the separate brief is necessary. Generally unacceptable grounds for the filing of separate briefs include representations that the issues presented require greater length than these rules allow (appropriately addressed by a motion to exceed length limits), that counsel cannot coordinate their efforts due to geographical dispersion, or that separate presentations were allowed in earlier proceedings. See Circuit Rule 28(d) (Briefs for Intervenors), Circuit Rule 34(e) (Participation in Oral Argument by Amici Curiae), and Circuit Rule 40(f) (Limitation on amici briefs during consideration whether to grant rehearing). Rule 29 Rule 30.

Appendix to the Briefs (a) Appellant's Responsibility. (1) Contents of the Appendix. The appellant must prepare and file an appendix to the briefs containing: (A) the relevant docket entries in the proceeding below; (B) the relevant portions of the pleadings, charge, findings, or opinion; (C) the judgment, order, or decision in question; and (D) other parts of the record to which the parties wish to direct the court's attention. (2) Excluded Material.

Memoranda of law in the district court should not be included in the appendix unless they have independent relevance. Parts of the record may be relied on by the court or the parties even though not included in the appendix. (3) Time to File; Number of Copies. Unless filing is deferred under Rule 30(c), the appellant must file 10 copies of the appendix with the brief and must serve one copy on counsel for each party separately represented.

An unrepresented party proceeding in forma pauperis must file 4 legible copies with the clerk, and one copy must be served on counsel for each separately represented party. The court may by local rule or by order in a particular case require the filing or service of a different number. (b) All Parties' Responsibilities. (1) Determining the Contents of the Appendix.

The parties are encouraged to agree on the contents of the appendix. In the absence of an agreement, the appellant must, within 14 days after the record is filed, serve on the appellee a designation of the parts of the record the appellant intends to include in the appendix and a statement of the issues the appellant intends to present for review. The appellee may, within 14 days after receiving the designation, serve on the appellant a designation of additional parts to which it wishes to direct the court's attention. The appellant must include the designated parts in the appendix.

The parties must not engage in unnecessary designation of parts of the record, because the entire record is available to the court. This paragraph applies also to a cross-appellant and a cross-appellee. (2) Costs of Appendix. Unless the parties agree otherwise, the appellant must pay the cost of the appendix.

If the appellant considers parts of the record designated by the appellee to be unnecessary, the appellant may advise the appellee, who must then advance the cost of including those parts. The cost of the appendix is a taxable cost. But if any party causes unnecessary parts of the record to be included in the appendix, the court may impose the cost of those parts on that party. Each circuit must, by local rule, provide for sanctions against attorneys who unreasonably and vexatiously increase litigation costs by including unnecessary material in the appendix.

Rule 30 (c) Deferred Appendix. (1) Deferral Until After Briefs Are Filed. The court may provide by rule for classes of cases or by order in a particular case that preparation of the appendix may be deferred until after the briefs have been filed and that the appendix may be filed 21 days after the appellee's brief is served. Even though the filing of the appendix may be deferred, Rule 30(b) applies; except that a party must designate the parts of the record it wants included in the appendix when it serves its brief, and need not include a statement of the issues presented.

(2) References to the Record. (A) If the deferred appendix is used, the parties may cite in their briefs the pertinent pages of the record. When the appendix is prepared, the record pages cited in the briefs must be indicated by inserting record page numbers, in brackets, at places in the appendix where those pages of the record appear. (B) A party who wants to refer directly to pages of the appendix may serve and file copies of the brief within the time required by Rule 31(a), containing appropriate references to pertinent pages of the record.

In that event, within 14 days after the appendix is filed, the party must serve and file copies of the brief, containing references to the pages of the appendix in place of or in addition to the references to the pertinent pages of the record. Except for the correction of typographical errors, no other changes may be made to the brief. (d) Format of the Appendix. The appendix must begin with a table of contents identifying the page at which each part begins.

The relevant docket entries must follow the table of contents. Other parts of the record must follow chronologically. When pages from the transcript of proceedings are placed in the appendix, the transcript page numbers must be shown in brackets immediately before the included pages. Omissions in the text of papers or of the transcript must be indicated by asterisks.

Immaterial formal matters (captions, subscriptions, acknowledgments, etc.) should be omitted. (e) Reproduction of Exhibits. Exhibits designated for inclusion in the appendix may be reproduced in a separate volume, or volumes, suitably indexed. Four copies must be filed with the appendix, and one copy must be served on counsel for each separately represented party.

If a transcript of a proceeding before an administrative agency, board, commission, or officer was used in a district-court action and has been designated for inclusion in the appendix, the transcript must be placed in the appendix as an exhibit. (f) Appeal on the Original Record Without an Appendix. The court may, either by rule for all cases or classes of cases or by order in a particular case, dispense with the appendix and permit an appeal to proceed on the original record with any copies of the record, or relevant parts, that the court may order the parties to file. Rule 30 Circuit Rule 30 Appendix to the Briefs (a) Filing and Form.

Except as provided in Circuit Rules 9 or 24, an appendix must be prepared as prescribed by FRAP 30. Appellant or petitioner must file 8 copies of the appendix with the court, and serve one copy on counsel for each separately represented party, at the time the brief for appellant or petitioner is filed, unless filing is to be deferred pursuant to FRAP 30(c). When an appendix is filed electronically, 7 paper copies must be filed in addition to the electronic version. The appendix must be reproduced on light paper by any duplicating or copying process capable of producing a clear black image; such duplication may be made on both sides of each page.

(b) Record Items to Be Included. The appendix must contain a copy of relevant portions of all pleadings, transcripts, and exhibits that are cited in the briefs. Counsel must not, however, burden the appendix with material of excessive length or items that do not bear directly on the issues raised on appeal. Costs will not be awarded for unnecessary reproduction of items such as discovery materials, memoranda, pretrial briefs, or interlocutory motions or rulings that lack direct relevance to the appeal; appropriate sanctions will be imposed, after notice and opportunity to respond, if the court finds counsel to have been unreasonable in including such material.

Any portion of the record, whether or not included in an appendix, may be relied upon by the parties and by the court. (c) Deferred Appendix Option. If all parties consent, they may utilize the deferred appendix option described at FRAP 30(c). (d) Motion to Dispense With Appendix.

For good cause shown, appellant or petitioner may be excused from the requirement of producing an appendix or any part thereof. (e) Supplementing the Appendix. If anything material to the appeal or petition is omitted from the appendix, the clerk, on the duly served and filed written request of any party, may allow the appendix to be supplemented. See also Circuit Rule 47.1 (Matters Under Seal).

Rule 30 Rule 31. Serving and Filing Briefs (a) Time to Serve and File a Brief. (1) The appellant must serve and file a brief within 40 days after the record is filed. The appellee must serve and file a brief within 30 days after the appellant's brief is served.

The appellant may serve and file a reply brief within 21 days after service of the appellee's brief but a reply brief must be filed at least 7 days before argument, unless the court, for good cause, allows a later filing. (2) A court of appeals that routinely considers cases on the merits promptly after the briefs are filed may shorten the time to serve and file briefs, either by local rule or by order in a particular case. (b) Number of Copies. Twenty-five copies of each brief must be filed with the clerk and 2 copies must be served on each unrepresented party and on counsel for each separately represented party.

An unrepresented party proceeding in forma pauperis must file 4 legible copies with the clerk, and one copy must be served on each unrepresented party and on counsel for each separately represented party. The court may by local rule or by order in a particular case require the filing or service of a different number. (c) Consequence of Failure to File. If an appellant fails to file a brief within the time provided by this rule, or within an extended time, an appellee may move to dismiss the appeal.

An appellee who fails to file a brief will not be heard at oral argument unless the court grants permission.