what is the maximum time an attorney has to respond to a brief

The appellant may serve and file a reply brief within 21 days after service of the appellee's brief but a reply brief must be filed at least 7 days before argument, unless the court, for good cause, allows a later filing.

Full Answer

What is the time limit for filing a response brief?

In the typical civil appeal, appellant's brief is due 40 days after the record is received by the Clerk. Appellee's brief is due 30 days after appellant's brief is served. The reply brief, if any, is due 21 days after service of appellee's brief. FRAP 31 (a) (1).

How long does it take to serve a reply brief?

The time prescribed by Rule 31(a) for preparing briefs—40 days to the appellant, 30 days to the appellee—is well within the time that must ordinarily elapse in most circuits before an appeal can be reached for consideration. In those circuits, the …

How long does an appellee have to file a brief?

Jan 01, 2007 · (1) If produced on a computer, an opening or answering brief on the merits must not exceed 14,000 words, including footnotes, and a reply brief on the merits must not exceed 8,400 words, including footnotes. Each brief must include a certificate by appellate counsel or an unrepresented party stating the number of words in the brief.

When to file a reply brief in an appeal in Florida?

If the last authorized initial or answer brief is not served, the responsive brief shall be served within 30 days after the last authorized initial or answer brief could have been timely served. (g) Citations. Counsel are requested to use the uniform citation system prescribed by rule 9.800. Committee Notes. 1977 Amendment.

How long should it take an attorney to respond?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.Dec 28, 2019

What do you do when a lawyer doesn't respond?

If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney.Sep 27, 2018

Why do lawyers take so long to reply?

Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.May 28, 2020

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

Is it normal to not hear from your lawyer?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.Oct 25, 2018

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

How long does it take for a lawyer to review a case?

Question: Why is it taking so long for your lawyer to make a decision whether to accept your case? Answer: It should rarely take more than 4-6 weeks for a malpractice lawyer to make a decision about your case.

What does it mean when your lawyer doesn't call you back?

This is how the practice of law is supposed to work. So often when a lawyer does not return your call for a few days it may simply mean your lawyer is busy getting some important work done in your case or in another client's case. There is nothing going on with your case.May 9, 2018

How do I know if my lawyer is cheating me?

The attorney does not return phone calls in a reasonable amount of time, and; In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.Nov 28, 2015

Do lawyers lie to their clients?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty.Jun 17, 2015

Can I call my lawyer everyday?

First and foremost, as a client you should have the ability to communicate with your attorney and/or your attorney's support staff in a timely manner. Telephone calls and e-mails should not go unanswered for days, assuming you are not contacting your attorney on a daily basis.May 7, 2015

How long does it take to file a reply brief?

The appellant may serve and file a reply brief within 21 days after service of the appellee's brief but a reply brief must be filed at least 7 days before argument, unless the court, for good cause, allows a later filing. (2) A court of appeals that routinely considers cases on the merits promptly after the briefs are filed may shorten ...

How many copies of a brief are required to be filed?

The current rule says that a party who is permitted to file “typewritten ribbon and carbon copies of the brief” need only file an original and three copies of the brief . The quoted language, in conjunction with current rule 24 (c), means that a party allowed to proceed in forma pauperis need not file 25 copies of the brief.

Why are the language and organization of the rules amended?

The language and organization of the rule are amended to make the rule more easily understood. In addition to changes made to improve the understanding, the Advisory Committee has changed language to make style and terminology consistent throughout the appellate rules.

What happens if an appellant fails to file a brief?

If an appellant fails to file a brief within the time provided by this rule, or within an extended time, an appellee may move to dismiss the appeal. An appellee who fails to file a brief will not be heard at oral argument unless the court grants permission.

How long does an appellant have to file an appendix?

Since the proposed rule requires the appellant to file with his brief an appendix containing necessary parts of the record as designated by both parties, the rule allows the appellant 40 days in order to provide time for the exchange of designations respecting the content of the appendix (see Rule 30 (b)).

How many days are 3 days?

Under former Rule 26 (a), “3 days” could mean as many as 5 or even 6 days . See the Note to Rule 26. Under revised Rule 26 (a), intermediate weekends and holidays are counted. Changing “3 days” to “7 days” alters the period accordingly.

What is the 1994 amendment?

Notes of Advisory Committee on Rules—1994 Amendment. Subdivision (b). The amendment allows a court of appeals to require the filing of a greater , as well as a lesser, number of copies of briefs. The amendment also allows the required number to be prescribed by local rule as well as by order in a particular case.

How long does it take to serve a reply brief?

A reply brief must be served and filed within 20 days after the opposing party files its brief. (4) A party filing a brief it filed in the Court of Appeal must attach to the cover a notice of its intent to rely on the brief in the Supreme Court. (5) The time to serve and file a brief may not be extended by stipulation but only by order ...

How long does it take to file an amicus brief?

The answer must be filed within 30 days after either the court rules on the last timely filed application to file an amicus curiae brief or the time for filing applications to file an amicus curiae brief expires, whichever is later. The answer must be served on all parties and the amicus curiae. (8) The Attorney General may file an amicus curiae ...

What is supplemental brief?

(1) A party may file a supplemental brief limited to new authorities, new legislation, or other matters that were not available in time to be included in the party's brief on the merits.

How long does it take to file an order of review?

(1) Within 30 days after the Supreme Court files the order of review, the petitioner must serve and file in that court either an opening brief on the merits or the brief it filed in the Court of Appeal.

What is subdivision A?

Subdivision (a). A party other than the petitioner who files a brief may be required to pay a filing fee under Government Code section 68927 if the brief is the first document filed in the proceeding in the Supreme Court by that party. See rule 8.25 (c).

How long does it take to serve a reply brief?

Unless otherwise required, the answer brief shall be served within 30 days after service of the initial brief; the reply brief, if any, shall be served within 30 days after service of the answer brief; and the cross-reply brief, if any, shall be served within 30 days thereafter.

What are the dimensions of a brief?

The dimensions of each page of a brief, regardless of format, shall be 8 1/2 by 11 inches. When filed in electronic format, parties shall file only the electronic version. (2) The lettering in briefs shall be black and in distinct type, double-spaced, with margins no less than 1 inch. Lettering in script or type made in imitation ...

What is a cross-reply brief?

The cross-reply brief is limited to rebuttal of argument of the cross-appellee. A table of contents, a table of citations, a certificate of service, and, for computer-generated briefs, a certificate of compliance shall be included in the same manner as in the initial brief. (f) Times for Service of Briefs.

What is subdivision F?

Subdivision (f) sets forth the times for service of briefs after service of the initial brief. Times for service of the initial brief are governed by the relevant rule. Subdivision (g) authorizes the filing of notices of supplemental authority at any time between the submission of briefs and rendition of a decision.

How long is a reply brief in Florida?

The appellant’s reply brief, if any, is due 20 days after the answer brief and responds to the answer brief arguments. The reply brief can be no more than 15 pages long, not counting the pages necessary for the Table of Contents, Table of Citations, Certificate of Service, Certificate of Font Compliance, and the signature block for the brief’s author.

How long is an initial brief?

The initial brief is the first brief. It is filed by the appellant who filed the appeal. The appellant’s initial brief is due within 70 days after filing the notice of appeal. An appellant who needs extra time to file the initial brief should file a motion for an extension of time in the appellate court before the deadline for the brief. Motion practice is discussed in Chapter 4 of this Handbook. The initial brief should set out the facts and history of the case in the statement of case and facts section. It should also present legal arguments explaining each reason the appellant believes the decision of the lower tribunal was wrong (i.e., erroneous) and why it should be reversed. The initial brief cannot be longer than 50 pages, not counting the pages used for the Table of Contents, Table of Citations, Certificate of Service, Certificate of Font Compliance and the signature block for the brief’s author. A party can ask the court for permission to file brief longer than 50 pages, but such motions are rarely granted. And briefs are usually much shorter, often 20 to 30 pages or less.

How to write an appellate brief?

In the statement of the case and the facts section of an appellate brief, the party writing the brief will discuss: 1 the type of case (civil, criminal, etc.), and nature of the appeal (such as an appeal from a final judgment or non-final order, etc.); 2 the procedural history of the case in the lower tribunal, such as what documents, pleadings, or motions were filed and when; what arguments and positions the parties raised the lower tribunal; and what happened in the pre-trial and trial proceedings ;, 3 the evidence that was presented to the lower tribunal at the trial or hearing, such as written documents and/or the testimony of witnesses; and 4 the outcome of the trial, hearing, or other proceeding.

What is the standard format for briefs in Florida?

Briefs must generally be printed or typed on opaque, white, unglossed paper. The paper size should be 8.5 by 11 inches. The paper should have margins of at least one inch on all sides. The lettering should be black. If a brief is typed on a computer, it must be double-spaced and use Times New Roman 14-point font, or Courier New 12-point font. Any headings or footnotes must be the same font and size as the rest of the brief. Although typed briefs must be double spaced, headings, indented quotations, and footnotes can be single spaced.

What should be included in an initial brief?

The initial brief should set out the facts and history of the case in the statement of case and facts section . It should also present legal arguments explaining each reason the appellant believes the decision of the lower tribunal was wrong (i.e., erroneous) and why it should be reversed.

What is the statement of the case and facts?

The statement of the case and facts explains to the appellate court, based only on the documents and evidence that are in the record, what the history and facts of the case are, and what occurred in the lower tribunal. This part of the brief is for facts only, not argument.

What is the argument section of an appeal?

The argument section explains the party’s legal arguments in the appeal and why the decision of the lower tribunal should either be affirmed or reversed. It discusses the relevant statutes and case law, how the law applies to the facts in the case, and the party’s arguments based on the law as applied to the facts. It explains the legal reasons why the order or judgment of the lower tribunal was either correct or incorrect, and what specific result, or “ relief ,” the party wants in the appeal (i.e., what the party wants the appellate court to do). For example, an appellant may ask the appellate court to reverse the final judgment and return, or “ remand ,” the case to the lower tribunal for a new trial, whereas an appellee may ask the appellate court in the answer brief to affirm the final judgment. The argument should be supported by references to legal cases, statutes, and rules that support that appellate party’s argument that the lower tribunal decision was either correct or incorrect.

How long does it take to amend a pleading?

A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted, and the action has not been placed upon the trial calendar, he may so amend it at any time within thirty [30] days after it is served. Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be given when justice so requires. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within twenty [20] days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.

How to serve summons to a person in jail?

Service of summons upon a person who is imprisoned or restrained in an institution shall be made by delivering or mailing a copy of the summons and complaint to the official in charge of the institution. It shall be the duty of said official to immediately deliver the summons and complaint to the person being served and allow him to make provisions for adequate representation by counsel. The official shall indicate upon the return whether the person has received the summons and been allowed an opportunity to retain counsel.

What are the rules of Indiana?

Except as otherwise provided, these rules govern the procedure and practice in all courts of the state of Indiana in all suits of a civil nature whether cognizable as cases at law, in equity, or of statutory origin. They shall be construed to secure the just, speedy and inexpensive determination of every action.

What is the purpose of the Rules Committee?

The Rules Committee shall conduct a study of any Indiana Rules of Court assigned to them by the Supreme Court and shall submit to the Supreme Court from time to time recommendations in order to promote the just determination of litigation, simplicity in procedure, and the elimination of unjustified expense and delay.

What is local court rule?

Courts may regulate local court and administrative district practice by adopting and amending in accordance with this Rule local and administrative district rules not inconsistent with--and not duplicative of--these Rules of Trial Procedure or other Rules of the Indiana Supreme Court.

What is one form of action?

One form of action. (A) There shall be one [1] form of action to be known as "civil action.". (B) The right of a civil action is not merged in a public offense or a public remedy, but may, in all cases, be sought independently of and in addition to the punishment given or relief granted for the public offense. Rule 3.

When instrument or copy, or an Affidavit of Debt shall be filed?

(A) When instrument or copy, or an Affidavit of Debt shall be filed. When any pleading allowed by these rules is founded on a written instrument, the original, or a copy thereof, shall be included in or filed with the pleading. Such instrument, whether copied in the pleadings or not, shall be taken as part of the record. Further,

How long is the term of the Court of Appeals for Veterans Claims?

The Judges at the Court of Appeals for Veterans Claims are appointed by the President of the United States and confirmed by the Senate for terms of either 13 or 15 years.

What happens if the VA OGC attorney does not agree with you that the BVA decision contains error?

If the VA OGC attorney does not agree with you that the BVA decision contains error, they will tell you in the Rule 33 Conference that they will defend the BVA decision.

What is CAVC in VA?

The CAVC is a federal court where all appeals of veterans' claims denied at the BVA must be filed. Appeals of BVA decisions cannot be filed at a Federal Court in your state.

What does "sua sponte" mean in CAVC?

The CAVC will hear oral argument in 2 scenarios - when a party requests it or the Court orders it "sua sponte" [Sua Sponte is Latin, meaning "of its own accord", and is used in the law to refer to a Court's action without motion by a party]

When was the CAVC created?

The United States Court of Appeals for Veterans Claims (CAVC) was created on November 18, 1988, by Public Law 100-687. The CAVC is not a part of the Department of Veterans Affairs -- the CAVC is a federal court and part of the federal judiciary system. Because the court was created by Congress under its Article 1 powers, ...