Cross-appeal briefs & excerpt of record

• Can you combine your cross-appeal arguments into your appellee brief?
• How does filing separate cross-appeal briefs work?
• Do you need to tell the court when filing separate cross-appeal briefs?
• When are the cross-appeal briefs due?
• How do you write a cross-appeal brief?
• How many excerpts of record do you file with separate cross-appeal briefs?

Can you combine your cross-appeal arguments into your appellee brief?

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.

How does filing separate cross-appeal briefs work?

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 files

Appellee's Brief for Case #1
Opening Brief for Case #2 as the cross-appellant

Appellant files

Reply Brief for Case #1
Appellee's Brief for Case #2 as the cross-appellee

Appellee files

Reply brief for Case #2 as the cross-appellant

Do you need to tell the court when filing separate cross-appeal briefs?

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:

• Notice of Filing Separate Cross-Appeal Briefs, SHS-AP 600

When are the cross-appeal briefs due?

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 to understand when the appellee's brief and reply brief are due.

How do you write a cross-appeal brief?

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.

How many excerpts of record do you file with separate cross-appeal briefs?

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.

Rev. 02 January 2007 © Alaska Court System www.courts.alaska.gov Contact Us

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