Rule 79a-6. Format and Time for Filing Briefs and Appendices

Briefs and appendices, if any, shall be prepared and submitted in accordance with Chapter 67 of these rules except that the briefs and appendices are not required to be redacted, and the time for filing briefs and appendices shall be strictly observed and abbreviated as set forth below.

(a) Except as otherwise ordered, the appellant's brief and appendix, if any, shall be filed within forty days after the delivery of the transcript ordered by the appellant. In cases where no transcript is required or the transcript has been received by the appellant prior to the filing of the appeal, the appellant's brief and appendix shall be filed within forty days of the filing of the appeal.

(b) Except as otherwise ordered, the brief and appendix, if any, of the appellee shall be filed within thirty days after the filing of the appellant's brief or the delivery date of the portions of the transcript ordered only by that appellee, whichever is later.

(c) Counsel for the minor child and/or counsel for the guardian ad litem shall, within ten days of the filing of the last appellee's brief, file either (1) a brief, (2) a statement adopting the brief of either the appellant or an appellee, or (3) a detailed statement that the factual or legal issues on appeal do not implicate the child's interests. If no appellee files a brief, the court will set a due date for the above filing.

(d) The appellant may file a reply brief within ten days of the filing of the appellee's brief.

(e) Except as otherwise ordered, the case shall be deemed ready for assignment by the court after the filing of the appellee's brief and appendix, if any.

(f) The unexcused failure to file briefs and appendices in accordance with this schedule may result in a dismissal of the appeal pursuant to Section 85-1, a refusal of the court to accept the late brief and/or an assignment of the case without the delinquent brief.

Committee Notes

(Amended June 5, 2013, to take effect July 1, 2013.) amended June 5, 2013, to take effect July 1, 2013; amended HISTORY—2026: What is now the last sentence of subsec- tion (c) was added. COMMENTARY—2026: The purpose of these amend- ments is to clarify the deadline for the filing requirements of counsel for minor children and counsel for the guardian ad litem when there are multiple appellees, and to provide a procedure for when no appellee files a brief.