Rule 28.1 - Briefs in Cases Involving Cross-Appeals(a)Applicability. This rule applies to a case in which a cross-appeal is filed.(b)Designation of Appellant. The party who files a notice of appeal first is the appellant for the purposes of this rule and C.A.R. 34. These designations may be modified by the parties' agreement or by court order.(c)Appellant's Opening Brief. The appellant must file an opening brief in the appeal. This brief must be entitled "opening brief" and must comply with C.A.R. 28(a) and (d)-(h).(d)Appellee's Opening-Answer Brief. The appellee must file an opening brief in the cross-appeal and must, in the same brief, respond to the opening brief in the appeal. This brief must be entitled "opening-answer brief" and must comply with C.A.R. 28(a), (b), and (d)-(h), except that the brief need not include a statement of the case unless the appellee is dissatisfied with the appellant's statement of the case.(e)Appellant's Answer-Reply Brief. The appellant must file a brief that responds to the portion of the opening-answer brief that constitutes an opening brief in the cross-appeal, and may, in the same brief, reply to the portion of the opening-answer brief that constitutes an answer brief in the appeal. This brief must be entitled "answer-reply brief" and must comply with C.A.R. 28(b)-(h).(f)Appellee's Reply Brief. The appellee may reply to the portion of the answer-reply brief that constitutes an answer brief. This brief must be entitled "reply brief" and must comply with C.A.R. 28(c)-(h) and must be limited to the issues raised in the cross-appeal. No further briefs may be filed except with leave of court.(g)Length of Briefs.(1) An opening, opening-answer, and answer-reply brief must contain no more than 9,500 words. An appellee's reply brief must contain no more than 5,700 words. Headings, footnotes, and quotations count toward the word limitations. The caption, table of contents, table of authorities, certificate of compliance, certificate of service, and signature block do not count toward the word limit.(2) A self-represented party who does not have access to a word-processing system must file a typewritten or legibly handwritten opening, opening-answer, or answer-reply brief of not more than 30 double-spaced and single-sided pages, or a reply brief of no more than 18 double-spaced and single-sided pages. Such a brief must otherwise comply with C.A.R. 32.(3) A party may file a motion to exceed the word limitation explaining the reasons why additional words are necessary. The motion must be filed with the brief.(h)Citation of Supplemental Authorities. If pertinent and significant new authority, including legislation, comes to a party's attention after the party's brief has been filed, a party may promptly advise the court by giving notice, with a copy to all parties. The notice must set forth the citation and state, without argument, the reason for the supplemental citation, referring either to the page of the brief or to a point argued orally. The body of the notice must not exceed 350 words. Any response must be made promptly and must be similarly limited.(j)Notice of Settlement or Resolution. When the parties have agreed to settle or otherwise resolve a pending case, they must notify the court immediately.Amended and adopted by the Court, En Banc, February 24, 2022, effective 7/1/2022Comment
2015
The new rule is similar to Fed. R. App. P. 28.1 and applies to briefs involving cross-appeals. The portions of the previous version of C.A.R. 28(h) and (g) referencing cross-appeals have been removed. The substance of those subsections has been imported into C.A.R. 28.1.