Rule 15 - Briefs and appendices; time for service and filing(a)Brief and appendix schedule. -Subject to any rule or order of Court providing otherwise, the following schedule shall govern the service and filing of briefs and appendices:(i)Opening brief. -In all cases in which no transcript or no further transcript has been ordered or designated under Rule 9(e), appellant's brief and appendix shall be served and filed not later than 45 days after the notice of appeal. In all other cases appellant's brief and appendix shall be served and filed not later than 30 days after filing of the record.(ii)Answering brief. -Appellee's brief and appendix shall be served and filed not later than 30 days after service of appellant's brief and appendix.(iii)Reply brief. -Appellant's reply brief and reply appendix, if any, shall be served and filed not later than 15 days after service of appellee's brief and appendix, except when such reply brief includes answering matter related to any cross-appeal, in which event the reply brief and reply appendix, if any, shall be served and filed not later than 30 days after service of appellee's brief and appendix. The Court encourages all appellants and cross-appellants to file reply briefs as the Court finds such briefs to be helpful.(iv)Cross-appeal appellant. -In cross-appeals the party who first filed a notice of appeal shall be considered the appellant for the purpose of this rule.(v)Cross-appeal appellee. -If appellant's reply brief includes answering matter related to any cross-appeal, appellee may serve and file a reply brief directed thereto not later than 10 days following service of such reply brief.(vi)Permissive writing. -No other brief or writing containing argument may be submitted without leave of Court. A party may, by letter to the Clerk, bring to the Court's attention pertinent cases decided after a party's final brief is filed or after the case is under submission for decision. The letter shall identify the arguments to which the cases relate and provide copies of the cases to the Court and opposing counsel. The letter shall not contain any argument.(b)Extensions. -The Court expects parties to proceedings in this Court, and their counsel in the case of represented parties, to accord the highest priority to the processing of such proceedings. Accordingly, extensions of time are discouraged. The following conditions shall be strictly applied to any requests for extension.(i)Timely motion for first extension. -A motion for an extension of time for the filing of briefs or appendices must be docketed at least five days in advance of the due date for such filing and must contain the opposing party's position on the motion or set forth the reasons why the position of the opposing party could not be ascertained despite a diligent effort to do so. The form of the motion shall be substantially in the form set forth in Official Form F of these Rules.(ii)Clerk's authorization to grant first extensions. -Unless a special briefing schedule has been established or the Court orders otherwise, the Clerk of the Court is authorized to grant an extension of three days from the original due date for such filing if the motion requesting the extension is unopposed and if it is the party's first motion for extension of the particular brief or appendix in the matter.(iii)Timely motion for additional extensions. -A motion for any additional extension beyond that set forth in subparagraph (ii) must comply with the requirements set forth in subparagraph (i) and must include a statement identifying the exceptional circumstances necessitating the extension. The motion will be considered by a Justice of this Court. If the Justice determines that the request for the extension complies with these rules, the Justice may grant an extension totaling not more than fifteen days from the original due date of the opening or answering brief or appendix or ten days for a reply brief or appendix, except that an extension of up to forty-five days may be granted in proceedings under Supreme Court Rule 26(c).(iv)Untimely motions for extensions. -If a motion for extension is filed less than five days in advance of the due date, the motion will ordinarily be denied unless the moving party demonstrates not only exceptional circumstances for the extension but also exceptional circumstances justifying the late filing of the motion, demonstrating that the latter circumstances did not exist or could not with due diligence have been known or communicated to the Court earlier.(v)Untimely submissions may not be filed. -The Clerk of the Court may not accept for docketing an untimely filed brief or appendix unless the filing party first obtains leave to file out of time under the provisions of this Rule. If leave is not obtained, the Clerk of the Court will take the appropriate action as directed by the Court, which action may include dismissal of the appeal if the appellant has not filed a timely brief or, in the case of the appellee, a decision by the Court on the basis of the record and papers that have been timely filed.(vi)Motions for extensions filed after due date. -No motion for an extension filed after the due date for the brief or appendix will be entertained unless the party requesting the extension demonstrates that the interests of justice require the relief requested notwithstanding the failure to comply with this Rule. In such a case an extension may be granted in the discretion of the Justice for a period of not more than three days.(vii)Exceptional circumstances defined. -"Exceptional circumstances" for purposes of this Rule means serious or disabling illness or injury; death of an immediate family member; act of God; state or national emergency; or other circumstances of similar unavoidable nature.(viii)Certification for untimely motions; sanctions. -Any motion filed by an attorney under subsection (iv) or subsection (vi) shall include a certification from the attorney identifying all other motions for extensions filed in all other cases during the six months preceding the date of the current motion and noting which, if any, of those prior motions were filed under subsection (iv) or subsection (vi). Any attorney who, during the preceding six months, has filed more than two such out-of-time motions, will be subject to discipline for a performance deficiency under Supreme Court Rule 33.(ix)Appearance of party or attorney. -In connection with any motion under this Rule, the Court may require the appearance by the parties and/or their principal counsel at an office conference or in open court.Amended June 27, 2008, effective 8/1/2008; amended June 23, 2014, effective 7/1/2014; amended August 19, 2016, effective 10/3/2016.