Pennsylvania Code
Title 210 - APPELLATE PROCEDURE
Part I - RULES OF APPELLATE PROCEDURE
Article II - APPELLATE PROCEDURE
Chapter 21 - BRIEFS AND REPRODUCED RECORD
CONTENT OF BRIEFS
Rule 2136 - Briefs in Cases Involving Cross-Appeals

(1) order of the appellate court; or

(2) agreement of the parties, who shall promptly notify the prothonotary of the appellate court of the parties- designations.

(1) First Brief-Designated Appellant's Brief on the Merits of the Appeal. The designated appellant shall file a brief addressing the merits of the appeal in accordance with Pa.R.A.P. 2111.

(2) Second Brief-Designated Appellee's Brief in Response to the Appeal and on the Merits of the Cross-Appeal. The designated appellee shall file a response to the designated appellant's arguments in the designated appellant's brief on the appeal in accordance with Pa.R.A.P. 2112. In the same brief, the designated appellee shall argue the merits of its cross-appeal in accordance with Pa.R.A.P. 2111.

(3) Third Brief-Designated Appellant's Response to Cross-Appeal and Reply Brief in Support of Appeal. The designated appellant shall file a response to the designated appellee's arguments in the designated appellee's brief on the merits of the cross-appeal in accordance with Pa.R.A.P. 2112. If the designated appellant files a reply in support of the appeal, it shall be included in the same brief and in accordance with Pa.R.A.P. 2113.

(4) Fourth Brief-Designated Appellee's Reply Brief. If the designated appellee files a reply to the designated appellant's response, the reply brief shall be filed in accordance with Pa.R.A.P. 2113.

Comment:

Pa.R.A.P. 2136 provides both a method for determining which party shall file the first brief and the sequence for filing those briefs. Subdivision (a) specifies that the party initiating the action in either the trial court or other government unit is the designated appellant, unless the appellate court otherwise orders or the parties otherwise agree.

If the parties have agreed to a designation of appellant and appellee, they shall inform the prothonotary of the appellate court of the agreed-upon designations at the earliest opportunity. An agreement of the parties to designate a different appellant or appellee does not toll the time for filing a party brief. Following an agreement to designate a different appellant or appellee, each party maintains the obligation to file briefs pursuant to the schedule set by the appellate court.

Subdivision (b) addresses the sequence of briefs. A designated appellant may file up to two briefs, as described in subdivisions (b)(1) and (b)(3). A designated appellee may file up to two briefs, as described in subdivisions (b)(2) and (b)(4).

See Pa.R.A.P. 2111, 2112, and 2113 for the scope and content of briefs filed pursuant to subdivision (b).

Pa.R.A.P. 2135 (length of briefs) establishes the length of the various briefs. Only the brief filed by the designated appellee pursuant to subdivision (b)(4) is considered a reply brief subject to lower page and word limitations. All other briefs are subject to usual page and word limitations.

Pa.R.A.P. 2185(a) (time for serving and filing briefs) provides that the brief by the designated appellant pursuant to subdivision (b)(3) shall be served within 30 days after service of the brief filed by the designated appellee pursuant to subdivision (b)(2). The designated appellee's brief filed pursuant to subdivision (b)(4) is due 14 days following the filing of the designated appellant's brief pursuant to subdivision (b)(3).

Pa.R.A.P. 2322 (cross-appeals and separate appeals) addresses oral argument in cross-appeals.

Historical Commentary

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

Explanatory Comment-2002

See Comment following Pa.R.A.P., Rule 511.

FILING AND SERVICE