Can cross-appellant file a reply as the appellant?
4 attorney answers
I agree with the previous answers from counsel.
The response provided heretofore is for general informational purposes and does not constitute the creation of an attorney-client relationship, nor can it comprise "legal advice" within the legal definition of that terminology.
See RAP 10.1(f):
"Briefs in Cases Involving Cross Review. If a cross review is filed, the party first
filing a notice of appeal or notice of discretionary review is deemed the appellant or
petitioner for the purpose of this title, unless the parties otherwise agree or the appellate
court otherwise orders.
The following briefs may be filed in cases involving cross review: (1) brief of appellant,
(2) brief of respondent/cross appellant, (3) reply brief of appellant/cross respondent, and
(4) reply brief of cross appellant."
I appreciate feedback. If my answer was helpful, please give me a vote or leave a comment. Remember that this answer is for informational purposes only and does not create an attorney-client relationship between you and any answering attorney. This answer is based solely on the facts provided in your question; additional or different facts, if known to the attorney, could have changed the answer. Consult with your attorney for specific legal advice on your situation.
If this is a Washington State appeal, under the Rules of Procedures, yes, cross-appellants typically are afforded a Reply unless the appellate court has said otherwise.
RAP 10.1(c) reads:
"(c) Reply Brief of Respondent. If the respondent is also seeking review, the respondent
may file a brief in reply to the response the appellant or petitioner has made to the issues
presented by respondent's review."
You can read the appellate rules of procedures at http://www.courts.wa.gov/rules. From the list that comes up, select Rules on Appeal and then RAP (Rules of Appellate Procedure) and read RAP 10.1. A link is below.
If this is a federal case, you will need to consult the federal court rules and local rules for the court where the appeal was filed.
Please review the rules of appellate procedure. You can also go to a law library and read the best book on Florida appellate procedure where the author is Padovano