The Briefs on the Merits - Bna

Ch. 13.1(c) <strong>The</strong> <strong>Briefs</strong> on the Merits 699
(a) Opening Brief on the Merits
<strong>The</strong> main brief on the merits for the petitioner or appellant must be filed
within 45 days of the entry of the Court order granting the petition for certiorari,
noting probable jurisdiction, or postponing consideration of an appeal,
unless the Court’s order granting review specifies a shorter time period.
Rule 25.1, 25.4. This 45-day period runs simultaneously with the 45 days
allowed the petitioner or appellant under Rule 26.1 for preparing, duplicating,
and filing the joint appendix. See Sec. 12.2, supra. <strong>The</strong>refore, the entry
of an order granting review of a case is a signal to counsel for the petitioner
or appellant to begin work immediately on both the appendix and the main
brief on the merits. Counsel should designate, prepare, and print the joint
appendix far enough in advance of the filing date to permit its page numbers
to be used as record references in the opening brief.
This 45-day filing deadline means, of course, that the required 40 copies
of the opening brief must be filed within that time limit, unless the time is
shortened or extended. Where the deferred appendix system is used, as authorized
by Rule 26.4(a), the petitioner or appellant may exercise the option
under Rule 26.4(b) to serve and file nonbooklet format copies of the opening
brief, conforming to Rule 33.2, within this 45-day period. <strong>The</strong> petitioner or
appellant must thereafter serve and file the 40 printed copies of the brief
within 10 days after the deferred appendix has been filed. See Sec. 12.3, supra.
<strong>The</strong> 45-day time limit governs even if a petition is granted too late in a
term for the case to be argued that term. Prior experience had shown that
granting automatic extensions to August 25 during the summer, as the rules
once permitted, would on occasion delay the availability of cases for oral argument
in the early portions of the ensuing term. <strong>The</strong> Clerk will take into
account whether granting an extension after the close of the argument schedule
or during the summer recess will affect the scheduling of arguments during
the next term. See Sec. 13.1(f), infra.
<strong>The</strong> 1999 revision to Rule 25.1 clarified that a respondent or appellee
supporting the petitioner or appellant must meet the petitioner’s or appellant’s
time schedule for filing briefs.
(b) Opposing Brief on the Merits
<strong>The</strong> brief on the merits for the respondent or appellee must be filed within
30 days after the brief for the petitioner or appellant is filed. Rule 25.2. Where
the deferred appendix system has been utilized, the respondent or appellee
may exercise the option under Rule 26.4(b) to serve and file nonbooklet format
copies of the opening brief, conforming to Rule 33.2, within this 30-day
period. <strong>The</strong> respondent or appellee must thereafter serve and file the 40 printed
copies of the brief within 10 days after the deferred appendix has been filed.
See Sec. 12.2, supra.
(c) Reply <strong>Briefs</strong>
A petitioner or appellant may file a reply brief within 30 days after the
brief for the respondent or appellee is filed. However, the reply “must actually