Rule 28.1 - Cross-Appeals(a) Applicability. This Rule applies to a case in which a cross-appeal is filed. Rules 28(a)-(c), 31(a), 32(a)(2), and 32(a)(7)(A)-(B) do not apply to such a case, except as otherwise provided in this Rule.(b) Designation of Appellant. The party who files a notice of appeal first is the appellant for all purposes. If the notices are filed on the same day, the plaintiff in the proceeding below is the appellant. These designations may be modified by the parties' agreement or by court order. (c) Briefs. In a case involving a cross-appeal: (1) Appellant's Opening Brief on Appeal. The appellant shall file an opening brief in the appeal. That brief must comply with Rule 28(a).(2) Respondent's Answering Brief on Appeal and Opening Brief on Cross-Appeal. The respondent shall file a combined answering brief on appeal and opening brief on cross-appeal. That brief must comply with Rule 28(a), except that the brief need not include a statement of the case or a statement of the facts unless the respondent is dissatisfied with the appellant's statement. (3) Appellant's Reply Brief on Appeal and Answering Brief on Cross-Appeal. The appellant shall file a brief that responds to the opening brief in the cross-appeal and may, in the same brief, reply to the response in the appeal. That brief must comply with Rule 28(a)(1)-(10) and (12), except that none of the following need appear unless the appellant is dissatisfied with the respondent's statement in the cross-appeal: (A) routing statement, setting forth whether the matter is presumptively retained by the Supreme Court or assigned to the Court of Appeals under NRAP 17, and citing the subparagraph(s) of the Rule under which the matter falls. If the appellant believes that the Supreme Court should retain the case despite its presumptive assignment to the Court of Appeals, based on a principal issue raised in the matter, the routing statement must include a clear statement of the relevant issue, citations to the record where the issue was raised and resolved, and an explanation of the importance of the issue; (B) the statement of the issues;(C) the statement of the case;(D) the statement of the facts; and(E) the statement of the standard of review.(4) Respondent's Reply Brief on Cross-Appeal. The respondent may file a brief in reply to the response in the cross-appeal. That brief must comply with Rule 28(a)(1)-(2) and (12) and must be limited to the issues presented by the cross-appeal.(5) No Further Briefs. Unless the court permits, no further briefs may be filed in a case involving a cross-appeal.(d) Cover.The cover of the appellant's opening brief must be blue; the respondent's combined answering brief on appeal and opening brief on cross-appeal, red; the appellant's combined reply brief on appeal and answering brief on cross-appeal, yellow; the respondent's reply brief on cross-appeal, gray; an intervenor's or amicus curiae's brief, green; and any supplemental brief, tan. The front cover of a brief must contain the information required by Rule 32(a)(2). A pro se party who is incarcerated is not required to comply with the provisions of this Rule regarding the color of the cover of a brief filed by that party. (e) Length.(1) Page Limitation. Unless it complies with Rule 28.1(e)(2) and (3) or permission of the court is obtained under Rule 32(a)(7)(D), the appellant's opening brief must not exceed 30 pages; the respondent's combined answering brief on appeal and opening brief on cross-appeal, 40 pages; the appellant's combined reply brief on appeal and answering brief on cross-appeal, 30 pages; and the respondent's reply brief, 15 pages. (2) Type-Volume Limitation.(A) The appellant's opening brief or the appellant's combined reply/answering brief is acceptable if: (i) it contains no more than 14,000 words; or(ii) it uses a monospaced typeface and contains no more than 1,600 lines of text.(B) The respondent's combined answering and opening brief is acceptable if: (i) it contains no more than 18,500 words; or(ii) it uses a monospaced typeface and contains no more than 1,600 lines of text.(C) The respondent's reply brief is acceptable if it contains no more than half of the type-volume specified in Rule 28.1(e)(2)(A).(3) Certificate of Compliance. A brief submitted pursuant to this Rule shall comply with Rule 32(a)(8). (f) Time to Serve and File a Brief. Unless the court orders a different briefing schedule in a particular case, briefs in cross-appeals must be served and filed as provided in this Rule. Motions for extensions of time are governed by Rule 31(b). (1) All Cross-Appeals Except Child Custody and Visitation.(A) the appellant's opening brief, within 120 days after the date on which the appeal is docketed in the Supreme Court;(B) the respondent's combined answering brief on appeal and opening brief on cross-appeal, within 30 days after the appellant's opening brief is served;(C) the appellant's combined reply brief on appeal and answering brief on cross-appeal, within 30 days after the respondent's combined answering brief on appeal and opening brief on cross-appeal is served; and(D) the respondent's reply brief on cross-appeal, within 14 days after the appellant's combined reply brief on appeal and answering brief on cross-appeal is served.(2) Cross-Appeals Involving Child Custody or Visitation.(A) the appellant's opening brief, within 90 days after the date on which the appeal is docketed in the Supreme Court;(B)the respondent's combined answering brief on appeal and opening brief on cross-appeal, within 21 days after the appellant's opening brief is served;(C) the appellant's combined reply brief on appeal and answering brief on cross-appeal, within 21 days after the respondent's combined answering brief on appeal and opening brief on cross-appeal is served; and(D) the respondent's reply brief on cross-appeal, within 14 days after the appellant's combined reply brief on appeal and answering brief on cross-appeal is served.Added effective July 1, 2009; as amended effective 10/1/2015; amended effective 3/1/2019.