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I have a question concerning  being granted permission to file supplemental brief after the opening brief has been filed and a filing deadline that a court imposes.  

I believe I understand that the filing deadline of filing briefs and motions  is normally governed by FRAP 27(3)(A) the 10 day filing deadline unless the court extends it or shortens it.  Am I correct?

Is so,    

My  question is whether can appellee's address issues in their response to the supplement that It didn't bother filing a response to the opening brief.  In other words are appellees only allowed to address issues raised in the supplement and not in the opening brief?

   

 The next question goes for example the court sets a filing deadline of 30 days from today April 08, 2019 to file the opening brief  on May  08, 2019 and the appellee's response brief is set for June 08, 2019.  But the appellant files the opening brief before the May 08, filing deadline.  Is appellee's filing deadline triggered by appellant's early filing?  In other-words is filing deadline moved to when appellant' files the opening brief?   

 

 

 

  

 

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48 minutes ago, foolish said:

I have a question concerning  being granted permission to file supplemental brief after the opening brief has been filed and a filing deadline that a court imposes.  

I believe I understand that the filing deadline of filing briefs and motions  is normally governed by FRAP 27(3)(A) the 10 day filing deadline unless the court extends it or shortens it.  Am I correct?

 

That is what the rule says. For most motions the reply is due 10 days after the moving party has served it on the responding party but the court may by order shorten or extend the time for reply.

 

50 minutes ago, foolish said:

My  question is whether can appellee's address issues in their response to the supplement that It didn't bother filing a response to the opening brief.  In other words are appellees only allowed to address issues raised in the supplement and not in the opening brief?

 

You linked this question with the timing question and I'm not seeing what the timing has to do with this issue. However, generally the reply to the supplemental brief is limited to the issues raised in the supplemental brief that was filed. If the responding party exceeds the scope of the supplemental brief the moving party may file a motion to strike the parts of the reply that exceed the scope. As an example, see this footnote from a case in the 3rd Circuit:

Quote

 

On April 21, 2008, Sharp filed a pro se notice of appeal. After the initial briefs were submitted, we requested supplemental briefing and appointed counsel to represent Sharp.


Defendants' motion to strike Section VI of Sharp's supplemental reply brief (“Section VI”) is currently pending before us. Defendants assert that Section VI contains arguments regarding issues not raised in Sharp's supplemental brief. Sharp argues that these issues were raised in his informal brief, and that two of the three issues raised are a response to Defendant's supplemental opposition brief. We conclude that Section VI improperly exceeded the scope of Defendants' supplemental opposition brief. Accordingly, we grant Defendants' motion to strike Section VI in that we have given that portion of the brief no consideration in our decision.

 


Sharp v. Johnson, 669 F.3d 144, 153 FN 13 (3d Cir. 2012).

 

1 hour ago, foolish said:

 The next question goes for example the court sets a filing deadline of 30 days from today April 08, 2019 to file the opening brief  on May  08, 2019 and the appellee's response brief is set for June 08, 2019.  But the appellant files the opening brief before the May 08, filing deadline.  Is appellee's filing deadline triggered by appellant's early filing?  In other-words is filing deadline moved to when appellant' files the opening brief?   

 

As it is the court setting the deadlines it what that order says that matters. If the court gives specific dates for filing the brief and reply, then no matter when the moving party files his brief (so long as it is timely, of course) the responding party still has until the date the court specified to file his reply. So in your example if the order literally says "appellee's response brief is due to be filed in this court by June 8, 2019" then the appellee has until that date to file, even if the appellant filed his brief early. If instead the court specifies number of days, then the result is different. For example, if the order says "appellee's response brief is due to be filed in this court 30 day after appellee is served with appellants brief" then the date that the appellant files his brief starts the 30 days that appellee has to respond. In short, the precise language of the order matters in how the deadlines play out. 

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The reason why I linked both questions is because I thought the rule governed the timing of the filings whether its motions or briefs unless the court extends or shortens it, in my limited experience when the court sets a time for a motion or brief to be filed and its filed early that filing date triggers the amount of time set by the court for the response to be filed.  The reason I asked is because if that was the case that the appellees missed the filing deadline of the opening brief.  Therefore my concern is that when it files its response to the supplemental is does not exceed the scope of the issues raised in the supplemental brief or address the issues of the opening brief.   That's why I combined the timing question with the scope of the supplemental question.  I read Sharp v. Johnson, 669 F.3d 144, 153, n13, which the timing to becomes more important.    

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11 hours ago, foolish said:

I believe I understand that the filing deadline of filing briefs and motions  is normally governed by FRAP 27(3)(A) the 10 day filing deadline unless the court extends it or shortens it.  Am I correct?

 

I'm assuming that your reference to "FRAP 27(3)(A)" was intended to be a reference to Rule 27(a)(3)(A).  If so, the rule speaks for itself, and it relates only to responses to motions, not briefing in general or briefing in support of or in opposition to motions.  The circuit rules of the unidentified circuit in which the case is pending also matter.

 

 

12 hours ago, foolish said:

My  question is whether can appellee's address issues in their response to the supplement that It didn't bother filing a response to the opening brief.

 

This is barely a coherent sentence, so I'm not really sure what you're asking.

 

 

12 hours ago, foolish said:

are appellees only allowed to address issues raised in the supplement and not in the opening brief?

 

Supplement to what?

 

 

12 hours ago, foolish said:

The next question goes for example the court sets a filing deadline of 30 days from today April 08, 2019 to file the opening brief  on May  08, 2019 and the appellee's response brief is set for June 08, 2019.  But the appellant files the opening brief before the May 08, filing deadline.  Is appellee's filing deadline triggered by appellant's early filing?  In other-words is filing deadline moved to when appellant' files the opening brief?

 

Since April 8 is obviously before May 8, I'm not really sure what the issue here is.  Are you talking about a situation in which the appellant's opening brief is filed late?  If so, the answer to your question obviously depends on the specific facts and circumstances (e.g., how late?) and the court's briefing schedule and the circuit rules.

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