Supreme Court Rules - Rule 83 - Rules of Civil Procedure - Rules Relating to All Appellate Courts - Transfers From Court of Appeals to this Court: Record on Appeal and Briefs in Cases Transferred After Opinion

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Supreme Court Rules

		Section/Rule:	83.08
Subject:	Rule 83 - Rules of Civil Procedure - Rules Relating to All Appellate Courts - Transfers From Court of Appeals to this Court	Publication / Adopted Date:	June 1, 1971
Topic:	Record on Appeal and Briefs in Cases Transferred After Opinion	Revised / Effective Date:	January 1, 1998

83.08. Record on Appeal and Briefs in Cases Transferred After Opinion

(a) In General. When a case is transferred to this Court after opinion, the parties shall retain the same position as appellant and respondent as in the court of appeals. The record on appeal filed in the court of appeals is the record in this Court.

(b) Substitute Briefs. A party may file a substitute brief in this Court. The substitute brief shall conform with Rule 84.04, shall include all claims the party desires this Court to review, shall not alter the basis of any claim that was raised in the court of appeals brief, and shall not incorporate by reference any material from the court of appeals brief. Any material included in the court of appeals brief that is not included in the substitute brief is abandoned.

(c) Timing. Substitute briefs shall be filed within the following times:

(1) appellant's brief - twenty days after the date of the order of transfer;

(2) respondent's brief - forty days after the date of the order of transfer;

(3) appellant's reply brief - fifty days after the date of the order of transfer.

In the case of cross-appeals, substitute briefs shall be filed within the following times:

(1) appellant's brief - twenty days after the date of the order of transfer;

(2) respondent/cross-appellant's brief - forty days after the date of the order of transfer;

(3) cross-respondent/appellant's reply brief - sixty days after the date of the order of transfer;

(4) cross-appellant's reply brief - seventy days after the date of the order of transfer.

(d) Extensions of Time. An order extending any party's time to file a brief automatically extends the filing deadline for any subsequent brief by the same amount of time.

(Adopted June 1, 1971, eff. Jan. 1, 1972. Amended June 1, 1993, eff. Jan. 1, 1994; June 17, 1997, eff. Jan. 1, 1998.)