38 USC App Rule 31: Front Matter
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38 USC App Rule 31: Front Matter
From Title 38-AppendixRule 31-Filing and Service of Briefs

Rule 31. Filing and Service of Briefs

(a) Time Limits. Except in cases covered by Rule 47 (Expedited Briefs), the appellant shall serve and file a brief within 30 days after the date of the notice from the Clerk that the record has been filed. The Secretary shall serve and file a brief within 30 days after service of the appellant's brief. The appellant may serve and file a reply brief within 14 days after service of the Secretary's brief, but, except for good cause shown, any brief must be filed at least 3 days before argument. Service must be pursuant to Rule 25 (Filing and Service).

(b) Number of Copies. The original and three copies of each brief must be filed with the Clerk, unless the Court orders otherwise, and one copy of each brief must be served on each party.

(c) 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 dismiss the appeal. If the Secretary fails to file a brief or other response, the Court may take appropriate action.