Current through Register Vol. 54, No. 42, October 19, 2024
(a)General Rule. In accordance with Pa.R.A.P. 2185(a) (time for serving and filing briefs), the appellant may file a brief in reply to matters raised by appellee's brief or in any amicus curiae brief and not previously addressed in appellant's brief. If the appellee has cross-appealed, the appellee may file a similarly limited reply brief. A reply brief shall contain the certificates of compliance required by Pa.R.A.P. 127 and Pa.R.A.P. 2135(d).(b)Response to Draft or Plan. A reply brief may be filed as prescribed in Pa.R.A.P. 2134 (drafts or plans).(c)Other Briefs. No further briefs may be filed except with leave of court. Comment:
An appellant now has a general right to file a reply brief. The scope of the reply brief is limited, however, in that such brief may only address matters raised by appellee and not previously addressed in appellant's brief. No subsequent brief may be filed unless authorized by the court.
The length of a reply brief is set by Pa.R.A.P. 2135 (length of briefs). The due date for a reply brief is found in Pa.R.A.P. 2185(a) (service and filing of briefs).
If there is a cross-appeal, the designated appellee may file a similarly limited reply brief addressing issues in the cross-appeal. See also Pa.R.A.P. 2136 (briefs in cases involving cross-appeals).
Historical Commentary
The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:
Explanatory Comment-2002
See Comment following Pa.R.A.P., Rule 511.
The provisions of this Rule 2113 amended December 30, 1987, effective 1/16/1988 and shall govern all matters thereafter commenced and, insofar as just and practicable, matters then pending, 18 Pa.B. 245; amended October 18, 2002, effective 12/2/2002, 32 Pa.B. 5402; amended January 30, 2009, effective as to all appeals filed 60 days or more after adoption, 39 Pa.B. 1094; amended October 3, 2011, effective in thirty days, 41 Pa.B. 5620; amended January 5, 2018, effective 1/6/2018, 48 Pa.B. 461.Amended by Pennsylvania Bulletin, Vol 54, No. 31. August 3, 2024, effective 8/3/2024