Rule 8.216. Appeals in which a party is both appellant and respondent

(a) Briefing sequence and time to file briefs In an appeal in which any party is both an appellant and a respondent:

(1) The parties must jointly-or separately if unable to agree-submit a proposed briefing sequence to the reviewing court within 20 days after the second notice of appeal is filed.

(2) After receiving the proposal, the reviewing court must order a briefing sequence and prescribe briefing periods consistent with rule 8.212(a).

(3) Extensions of time are governed by rule 8.212(b).

(b) Contents of briefs

(1) A party that is both an appellant and a respondent must combine its respondent’s brief with its appellant’s opening brief or its reply brief, if any, whichever is appropriate under the briefing sequence that the reviewing court orders.

(2) A combined brief must address the points raised in each appeal separately but may include a single summary of the significant facts.

(3) A party must confine a reply brief, or the reply portion of a combined brief, to points raised in its appeal.

Committee Notes

(Subd (a) amended effective January 1, 2007.)

(Subd (b) amended effective January 1, 2009; previously amended effective January 1, 2007.)