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 expiration of the 14-day period provided under Rule 10(b) for the parties to notify the Court of any unresolved dispute regarding the Record Before the Agency. Briefing deadlines may be otherwise scheduled by the Court when the Court is required to resolve a dispute in connection with a motion under Rule 10(b);
(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.
