Rule 5 - Time For Filing Briefs(A)Extensions. The time for filing briefs as provided by App.R. 11.1(C), 11.2(B)(3)(c) and 18; and 6t h Dist.Loc.App.R. 11 and 12(B) is mandatory. In appeals involving adoption of a minor child; termination of parental rights; dependent, neglected, unruly or delinquent children; those assigned to the accelerated calendar; and any criminal appeal by the state, the time for filing briefs shall not be extended for any period of time except in extraordinary circumstances. In all other appeals, either party, upon timely notice, may be granted one automatic extension not to exceed 10 days (or an extension of more than 10 days for good cause shown) for filing any brief by filing a notice with the clerk specifying that the party is taking a ten-day extension of time to file its brief. Extensions to file briefs subsequent to the first extension will only be granted for good cause shown.(B)Effect of Failure to File Briefs Timely.If the appellant/cross-appellant fails to timely file the assignments of error and brief, the court may dismiss the appeal/cross-appeal without prior notice. If an appellee files a brief late, the brief may be stricken. If appellee's brief is stricken or not filed, appellee will not be allowed to participate in oral argument on the merits.
Amended, effective 7/1/1981; 6/1/1984; 6/1/1985; 9/1/1990; 10/1/1991; 7/1/1992; 7/1/1995; 7/1/1996; 1/1/1998; 7/1/2000; 7/1/2006; amended, effective 3/1/2010; amended, effective 10/1/2018; amended 5/1/2021.