Rule 7.111 Briefs

(A)   Time for Filing and Service.

(1)   Appellant’s Brief.

(a)   Within 28 days after the circuit court provides written notice under MCR 7.109(G)(3) that the record on appeal is filed with the circuit court, the appellant must file a brief conforming to MCR 7.212(C) and serve it on all other parties to the appeal. The time may be extended for 14 days by stipulation and order. The circuit court may extend the time on motion. The filing of a motion does not stay the time for filing a brief.

(b)   If an appellant does not file a brief within the time provided by subrule (A)(1)(a), the appeal may be considered abandoned, and the circuit court may dismiss the appeal on 14 days’ notice to the parties. Compliance with subrule (A)(1)(a) after notice is sent does not preclude a dismissal of the appeal unless the appellant shows a reasonable excuse for the late filing.

(2)   Appellee’s Brief. Within 21 days after the appellant’s brief is served on the appellee, the appellee may file a brief. The brief must conform to MCR 7.212(D) and must be served on all other parties to the appeal. The time may be extended for 14 days by stipulation and order. The circuit court may extend the time on motion. The filing of the motion does not stay the time for filing a brief.

(3)   Within 14 days after the appellee’s brief is served on appellant, the appellant may file a reply brief. The brief must conform to MCR 7.212(G) and must be served on all other parties to the appeal

(4) Briefs in Cross Appeals. The filing and service of briefs by a cross appellant and a cross appellee are governed by subrules (A)(1)-(3).

(5)   Earlier Filing and Service. For good cause shown, the circuit court may grant a motion to shorten the time for filing and serving briefs.

(6)   Late Filing. Any party failing to timely file and serve a brief under these rules forfeits oral argument. For good cause shown, the court may grant a motion to reinstate oral argument.

(B)   Length and Form of Briefs. The appellant’s brief must comply with MCR 7.212(B) and (C), and the appellee’s brief must comply with MCR 7.212(B) and (D).

(C)   Request for Oral Argument. A party filing a timely brief is entitled to oral argument by writing “ORAL ARGUMENT REQUESTED” in capital letters or boldface type on the title page of the brief.

(D)   Nonconforming Briefs. If, on its own initiative or on a party’s motion, the circuit court concludes that a brief does not substantially comply with the requirements in this rule, it may order the party filing the brief to correct the deficiencies within a specified time or it may strike the nonconforming brief.