Rule 7.312. Briefs, Responses to Adverse Amicus Briefs, and Appendixes in Calendar Cases and Cases Argued on the Application

(A) Form and Length.

(1) Briefs in calendar cases and cases to be argued on the application must be prepared in conformity with subrule (B), MCR 7.212(B), (C), (D), and (G) as to form and length. If filed in hard copy, briefs shall be printed on only the front side of the page of good quality, white unglazed paper by any printing, duplicating, or copying process that provides a clear image. Typewritten, handwritten, or carbon copy pages may be used so long as the printing is legible.

(2) A party may file 1 signed copy of a response to an adverse amicus curiae brief filed under subrule (H), along with proof of its service on all other parties and amicus curiae. The response must:

(a) contain only a rebuttal of the arguments in the adverse amicus curiae brief;

(b) include a table of contents and an index of authorities; and

(c) be no longer than 3,200 words or, for self-represented litigants without access to a word-processing system, 10 pages, exclusive of tables, indexes, and appendixes. An adverse amicus brief is one that advocates for a ruling on an issue or a result in the case that is contrary to the position of a party to the litigation.

(B) Citation of Record; Summary of Arguments.

(1) A party’s statement of facts or counterstatement of facts shall provide the appendix page numbers of the transcript pages, pleadings, or other documents being cited or referred to.

(2) If the argument of any one issue in a brief exceeds 6,500 words or, for selfrepresented litigants without access to a word-processing system, 20 pages, a summary of the argument must be included. The summary must be a succinct, accurate, and clear condensation of the argument actually made in the body of the brief and may not be a mere repetition of the headings under which the argument is arranged. The summary of argument is included in the brief’s word or page limit.

(C) Cover. A brief must have a suitable cover of heavy paper. The cover page must follow this general form: IN THE SUPREME COURT APPEAL FROM THE [COURT OR TRIBUNAL APPEALED FROM] [JUDGE OR PRESIDING OFFICER] [Name of Party]__________, Plaintiff-[Appellant or Appellee], MSC No. [leave blank] v COA No. ______________________ Trial Ct No. ____________________ [Name of Party]___________, Defendant-[Appellant or Appellee]. Brief on Appeal – [Appellant or Appellee] ORAL ARGUMENT [REQUESTED/NOT REQUESTED] ____________________________________________ Attorney for [PL or DF]-[AT or AE] [Business Address] __________________________ __________________________ __________________________

(D) Appendix. Unless the Court orders otherwise, briefs in a calendar case or in a case being argued on an application must be filed with an individual or joint appendix that conforms with the requirements, form, and content of MCR 7.212(J), except that the exclusions listed in MCR 7.212(J)(1)(a)-(f) do not apply to the Supreme Court. The individual or joint appendix must also include a copy of the Court of Appeals opinion or order being appealed but need not include the briefs submitted in the Court of Appeals unless they pertain to a contested preservation issue.

(E) Time for Filing. Unless the Court directs a different time for filing,

(1) the appellant’s brief and appendixes, if any, are due

(a) within 56 days of the order granting the application for leave to appeal, or

(b) within 42 days of the order directing the clerk to schedule oral argument on the application;

(2) the appellee’s brief and appendixes, if any, are due

(a) within 35 days after the appellant’s brief is served on the appellee in a calendar case, or

(b) within 21 days after the appellant’s brief is served on the appellee in a case being argued on the application;

(3) the reply brief is due

(a) within 21 days after the appellee’s brief is served on the appellant in a calendar case, or

(b) within 14 days after the appellee’s brief is served on the appellant in a case being argued on the application; and

(4) a response to an adverse amicus curiae brief, if any, is due

(a) within 21 days after service of the adverse amicus curiae brief in a calendar case, or

(b) within 14 days after service of the adverse amicus curiae brief in a case being argued on the application.

(F) What to File. Each party shall:

(1) file 1 signed copy of a brief and 1 set of appendixes with the clerk;

(2) serve 2 copies on each attorney who has appeared in the case for a separate party or group of parties and on each party who has appeared in person;

(3) serve 1 copy on the Attorney General in a criminal case or in a case in which the state is a named or interested party; and

(4) file a proof of service with the clerk.

(G) Cross-Appeal Briefs. The filing and service of cross-appeal briefs are governed by subrule (F). An appellee/cross-appellant may file a combined brief for the primary appeal and the cross-appeal within 35 days after service of the appellant’s brief in the primary appeal for both calendar cases and cases being argued on the application. An appellant/cross-appellee may file a combined reply brief for the primary appeal and a responsive brief for the cross-appeal within 35 days after service of the cross-appellant’s brief for both calendar cases and cases being argued on the application. A reply to the cross-appeal may be filed within 21 days after service of the responsive brief in a calendar case and within 14 days after service of the responsive brief in a case being argued on the application.

(H) Amicus Curiae Briefs and Argument.

(1) An amicus curiae brief may be filed only on motion granted by the Court except as provided in subrule (2) or as directed by the Court. There is no fee for filing a motion under this subrule.

(2) A motion for leave to file an amicus curiae brief is not required in calendar cases or cases being argued on the application if the brief is presented:

(a) by the Attorney General on behalf of the people of the state of Michigan, the state of Michigan, or an agency or official of the state of Michigan;

(b) on behalf of any political subdivision of the state or a tribal government when submitted by its authorized legal officer, its authorized agent, or an association representing a political subdivision or a tribal government;

(c) by the State Bar of Michigan Board of Commissioners or a recognized practice area section or committee of the State Bar of Michigan;

(d) on behalf of the Michigan State Planning Body;

(e) on behalf of the State Appellate Defender Office as permitted by law; or

(f) on behalf of an organization that is tax exempt under sections 501(c)(3) or 501(c)(6) of the Internal Revenue Code, 26 USC 501. Amicus curiae briefs filed under this subrule must include an attestation at the end of the brief that the organization is tax exempt as provided in this subrule.

(3) An amicus curiae brief must conform to subrules (A), (B), (C) and (F).

(4) Unless the Court directs a different time for filing, an amicus brief must be filed

(a) within 21 days after the brief of the appellee has been filed or the time for filing such brief has expired in a calendar case, or

(b) within 14 days after the brief of the appellee has been filed or the time for filing such brief has expired in a case being argued on the application.

(5) Except for briefs presented on behalf of amicus curiae listed in subrule (H)(2), a brief filed under this rule shall indicate whether counsel for a party authored the brief in whole or in part and whether such counsel or a party made a monetary contribution intended to fund the preparation or submission of the brief, and shall identify every person other than the amicus curiae, its members, or its counsel, who made such a monetary contribution. The disclosure shall be made in the first footnote on the first page of text.

(6) An amicus curiae may not participate in oral argument except by Court order.

(I) Supplemental Authority.A party may file 1 signed copy of a supplemental authority in conformity with MCR 7.212(F).

(J) Extending or Shortening Time; Failure to File; Forfeiture of Oral Argument.

(1) The time provided for filing and serving the briefs, responses to adverse amicus curiae briefs, and appendixes may be shortened or extended by order of the Court on its own initiative or on motion of a party.

(2) If the appellant fails to file the brief and appendixes within the time required, the Court may dismiss the case and award costs to the appellee or affirm the judgment or order appealed.

(3) A party filing a brief late forfeits the right to oral argument.

(K) For cases argued on the application, parties should focus their argument on the merits of the case, and not just on whether the Court should grant leave.