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TITLE 38 App. > RULES > Rule 31

Rule 31. Filing and Service of Briefs

(a) Time Limits. Except in cases covered by Rule 47 (Expedited Consideration)—
(1) the appellant must serve and file a brief not later than 60 days after the date of the Clerk’s notice that the record has been filed;
(2) the Secretary must serve and file a brief not later than 60 days after service of the appellant’s brief; and
(3) the appellant may serve and file a reply brief not later than 14 days after service of the Secretary’s brief.
(b) Effect of Failure to File. If an appellant fails to file a brief within the time provided by this rule, or within the time as extended, the Court, on its own initiative or on motion by the Secretary, may take appropriate action, to include dismissal of the appeal. If the Secretary fails to file a brief, the Court may take appropriate action.

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