IX. Appellate Briefs

• Jurisdiction: North Carolina

IX. APPELLATE BRIEFS

Unless excused by local rules, each party is required to file a brief. An appellant's failure to file an opening brief is cause for dismissal of the appeal. Fed. R. Bankr. P. 8018(a)(4). An appellee that fails to file a brief will not be permitted to participate in oral argument. Id.

A. Time for Filing and Serving Brief

As mentioned above, the appellant shall serve and file a brief within 30 days after the entry of the appeal on the docket. Fed. R. Bankr. P. 8018(a)(1). The appellee shall serve and file an answering brief within 30 days after service of the appellant's brief. Fed. R. Bankr. P. 8018(a)(2). Thereafter, the appellant may serve and file a reply brief within 14 days after service of the brief by the appellee or at least 7 days before oral argument pursuant to Bankruptcy Rule 8018(a)(3). Any extensions of time for filing briefs must be obtained from the appellate court. Fed. R. Bankr. P. 8018(a).

B. Form of Brief for Appellant

Bankruptcy Rule 8014 provides the basic outline...