Vt. R. App. P. 31

As amended through May 6, 2024

Rule 31 - Serving and Filing Briefs

(a)Filing Deadlines.

(1)Appellant's Brief. Except as provided by Rule 10(c)(2), the appellant must serve and file a brief within 40 days after the record on appeal is complete.

(2)Appellee's Brief. The appellee must serve and file a brief within 30 days after the appellant's brief is served.

(3)Reply Brief. The appellant may serve and file a reply brief within 21 days after service of the appellee's brief. In a case with a cross-appeal, the appellee may serve and file a reply brief in accordance with Rule 28(c) within 21 days after service of the appellant's reply brief.

(b)Consequence of Failure To File. If an appellant does not file a brief within the time provided by this rule, or as extended, an appellee may move to dismiss the appeal. An appellee who fails to file a brief will not be heard at oral argument without Court permission.

Vt. R. App. P. 31

Amended Feb. 17, 1977, eff. 4/1/1977; 12/12/1985, eff. 4/1/1986; 3/6/1987, eff. 3/6/1987; 11/9/1987, eff. 3/1/1988; 2/22/1996, eff. 7/1/1996; 10/11/2006, eff. 12/11/2006; 2/5/2008, eff. 4/7/2008; 5/7/2009, eff. 7/6/2009; 3/14/2012, eff. 5/14/2012; 6/11/2013, eff. 9/3/2013; amended Sept. 20, 2017, eff. 1/1/2018; amended July 13, 2021, eff. 8/17/2021; amended May 9, 2022, eff. 9/6/2022.

Reporter's Notes-2022 Amendment

Rule 31(a) is amended to extend the serving and filing times for principal and reply briefs. Under paragraph (1), the time for the appellant's principal brief is increased from 30 to 40 days. The time for appellee's principal brief is increased by paragraph (2) from 21 to 30 days, and that for reply briefs is increased by paragraph (3) from 14 to 21 days. These time limits are identical to those in the Federal Rules of Appellate Procedure, which were put in place when the federal three-day rule was eliminated for electronic filing. Now that electronic filing has been adopted for appeals to the Vermont Supreme Court, and the three-day rule is deleted in V.R.C.P. 6(e) and V.R.A.P. 26(c), the longer time periods are appropriate for Vermont.

Reporter's Notes-2021 Amendment

Rule 31(b), requiring the parties to submit paper copies of briefs, is deleted. With the migration to electronic case files, the Court does not require paper copies of the briefs. The Court retains the authority to order paper filings if necessary.

Reporter's Notes-2018 Amendment

Rule 31(a)(3) is amended to conform its 10-day time periods to the simultaneous amendment of V.R.C.P. 6(a).

12. That Rule 33.1(b) of the Vermont Rules of Appellate Procedure be amended to read as follows (new matter underlined; deleted matter struck through):