A cross-appeal is an appeal brought by the appellee against the appellant after the appellant has already filed an appeal from the same final judgment. Once this happens, the appellee will also be the cross-appellant, while the appellant will also become the cross-appellee.
The paperwork and process regarding cross-appeals is generally the same as for appeals. However, there are important differences regarding deadlines and the way parties can file appeal briefs in cross-appeals. For instance, the court treats the appeal and cross-appeal as two separate cases, giving each its own case number, and requiring separate filing fees.
You need to follow the same procedure and file the same documents that the appellant uses to start the appeal. This includes paying the filing fee and cost bond. However, there may be different deadlines involved in a cross-appeal. Please read carefully the cross-appeal section. To understand the process and papers for filing a cross appeal, please read the information on starting and filing an appeal (http://www.courts.alaska.gov/shc/appeals/appealsstart.htm).
You must file the papers to start the cross-appeal
depending on which period ends last. So you need to look at the dates on both documents. From the date the Notice of Appeal was filed, add 14 days. From the date of the clerk’s certificate of distribution on the final judgment, add 30 days. Figure out which date is later. You must file your cross-appeal before that date.
The Superior Court shall prepare 1 record on appeal for both the appeal and cross-appeal. So you will cite to the same record for the cross-appeal and the appeal.
Yes, you can file a single brief for both the cross appeal and the response to the appellant’s opening brief. Please see Appellate Rule 212(c)(6).
Most people will file two complete sets of appeal briefs (1 for the initial appeal and 1 for the cross-appeal) when there is a cross-appeal because it is less confusing and allows more page space to deal with the cross-appeal issues.
The following summarizes how the briefs would come into the Appellate Court Clerk’s Office. “Case #1” refers to the original appeal and “Case #2” refers to the cross-appeal.
Appellant starts by filing
Opening Brief for Case #1
Appellee's Brief for Case #1
Opening Brief for Case #2 as the cross-appellant
Reply Brief for Case #1
Appellee's Brief for Case #2 as the cross-appellee
Reply brief for Case #2 as the cross-appellant
Yes. Within 10 days after being served by the case manager with the notice of the due date for appellant’s opening brief, file and serve:
You will receive a notice from the case manager as to when the cross-appeal briefs are due. Please read about due dates for appeals briefs (http://www.courts.alaska.gov/shc/appeals/briefgeneralinformation.htm#4) to understand when the appellee's brief and reply brief are due.
Cross-appeal briefs have the same required sections and formatting as appeal briefs that don’t involve a cross-appeal. For detailed information, read our Writing an Appeal Brief section (http://www.courts.alaska.gov/shc/appeals/appealsbrief.htm).
When filing separate briefs for a cross-appeal, the appellant and the cross-appellant need to prepare a combined excerpt of record for both the initial appeal and the cross-appeal.
No. When there is a cross-appeal, the appeal and cross-appeal are argued together.
Usually you have 15 minutes total. It is your choice as to how much time you will use to argue the appeal and the cross-appeal issues. Make sure you organize your time to cover everything you want to discuss.
It is just like a normal oral argument.
For detailed information, read our oral argument section (http://www.courts.alaska.gov/shc/appeals/appealsoral.htm).
Rev. 4 January 2018