Rule 31 - Filing and Service of Briefs(a)Notice of Briefing Schedule. Immediately upon filing of the record in the office of the clerk of the Supreme Court, the clerk shall notify counsel of the filing of the record. However, failure of the clerk to give, or of a party to receive, notice of the filing of the record shall not excuse any delay in filing briefs.(b)Time For Filing and Service of Briefs. The appellant shall serve and file the appellant's brief within 40 days after the date on which the record is filed. The appellee shall serve and file the appellee's brief within 30 days after service of the brief of the appellant. The appellant may serve and file a reply brief within 14 days after service of the brief of the appellee. In cross-appeals, the appellant and cross-appellee may serve and file a combined responsive brief within 30 days after service of the combined brief of the appellee and cross-appellant. The cross-appellant's reply under Rule 28(d) may then be served within 14 days after service of the appellant's combined responsive brief.(c)Number of Conventionally Filed Copies. When filed conventionally, an original and three (3) copies of all briefs shall be filed with the clerk. In cases in which the appellant has been sentenced to suffer the death penalty, the party shall file the original and nine (9) copies of all briefs. The Supreme Court or the Court of Appeals may require that additional copies be furnished.(d)Consequences of Failure to File Briefs. If an appellant fails to file the appellant's brief within the time provided by this rule or within the time as extended, the appeal may be dismissed on motion of appellee or on the Supreme Court's own motion as provided in Rule 2. If an appellee fails to file the appellee's brief as required, such brief, if later filed, may be stricken from the record on motion of appellant or on the motion of the appropriate appellate court. An appellee who fails to file a brief will not be heard at oral argument except by permission of the court.(e)Suspension of Briefing. When ordered by the Supreme Court, the clerk shall suspend the briefing schedule. The clerk may suspend the briefing schedule in response to a filing or other action which affects the record or the briefing process, or when suspension is not opposed by any party.Adopted to govern matters filed on or after 1/1/1995; amended effective 8/2/2012; amended October 17, 2018, effective 10/25/2018.Advisory Committee Historical Note
Effective January 1, 1995, Miss.R.App.P. 31 replaced Miss.Sup.Ct.R. 31, embracing proceedings in the Court of Appeals. Rule 31(c) was further amended to enhance clarity. 644-647 So.2d LXX (West Miss.Cases 1994).
Effective July 1, 1994, the last sentence of the Comment to Miss.Sup.Ct.R. 31 was deleted. 632-635 So.2d LIII (West Miss.Cases 1994).
Comment
Rule 31 is based on Fed. R. App. P. 31, and the former rules of the Supreme Court. Under Rule 25(a), briefs and record excerpts are deemed filed on the day of mailing by first class mail with postage prepaid, or any more expeditious form of delivery. Under Rule 26(c), service by mail adds three days to the prescribed period.