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11th Cir. R. 31-1 — Briefs - Time for Serving and Filing: the court's own rule, verbatim from UNITED STATES COURT OF APPEALS for the ELEVENTH CIRCUIT FEDERAL RULES OF APPELLATE PROCEDURE ELEVENTH CIRCUIT RULES INTERNAL OPERATING PROCEDURES (effective August 1, 2026), official PDF, sha-custodied. Court-level requirement: applies to appeals in the U.S. Court of Appeals for the Eleventh Circuit alongside the Federal Rules of Appellate Procedure.
(a) Briefing Schedule. Except as otherwise provided herein, the appellant shall serve and file a brief within 40 days after the date on which the record is deemed filed as provided by 11th Cir. R. 12-1. The appellee shall serve and file a brief within 30 days after service of the brief of the last appellant. The appellant may serve and file a reply brief within 21 days after service of the brief of the last appellee. (b) Pending Motions. If any of the following motions or matters are pending in either the district court or the court of appeals at the time the appeal is docketed in the court of appeals or thereafter, the appellant (or appellant/cross-appellee) shall serve and file a brief within 40 days after the date on which the district court or the court of appeals rules on the motion or resolves the matter, and the appeal is allowed to proceed, or within 40 days after the date on which the record is deemed filed as provided by 11th Cir. R. 12-1, whichever is later: • Motion to proceed In Forma Pauperis • Motion for a Certificate of Appealability or to expand a Certificate of Appealability • Motion of a type specified in FRAP 4(a)(4)(A) or FRAP 4(b)(3)(A) • Determination of excusable neglect or good cause as specified in FRAP 4(a)(5)(A) or FRAP 4(b)(4) • Assessment of fees pursuant to the Prison Litigation Reform Act • Appointment and/or withdrawal of counsel • Request for transcript at government expense • Designation by appellee of additional parts of the proceedings to be ordered from the court reporter, order by appellee of such parts, or motion by appellee for an order requiring appellant to order such parts, as provided by FRAP 10(b)(3)(B) and (C) • Motion to consolidate appeals, provided that such motion is filed on or before the date the appellant’s brief is due in any of the appeals which are the subject of such motion Except as otherwise provided below, if any of the foregoing motions or matters are pending in either the district court or the court of appeals after the appellant (or appellant/cross-appellee) has served and filed a brief, the appellee (or appellee/cross-appellant) shall serve and file a brief within 30 days after the date on which the district court or the court of appeals rules on the motion or resolves the matter, and the appeal is allowed to proceed, or within 30 days after the date on which the supplemental record is deemed filed as provided by 11th Cir. R. 12-1, whichever is later. When a motion to consolidate appeals is filed or is pending after an appellant has served and filed a brief in any of the appeals which are the subject of such motion, the due date for filing appellee’s brief shall be postponed until the court rules on such motion. If the motion is granted, the appellee (or appellee/cross-appellant) shall serve and file a brief in the consolidated appeals within 30 days after the date on which the court rules on the motion, or within 30 days after service of the last appellant’s brief, whichever is later. If the motion is denied, the appellee (or appellee/cross-appellant) shall serve and file a brief in each separate appeal within 30 days after the date on which the court rules on the motion, or within 30 days after service of the last appellant’s brief in that separate appeal, whichever is later. (c) Effect of Other Pending Motions on Time for Serving and Filing Brief. Except as otherwise provided in this rule, a pending motion does not postpone the time for serving and filing any brief. However, the filing of a motion to dismiss a criminal appeal based on an appeal waiver in a plea agreement or of a motion for summary affirmance or summary reversal shall postpone the due date for the filing of any remaining brief until the court rules on such motion. In addition, a motion to file a brief out-of-time, a motion to file a brief that does not comply with the court’s rules, or a motion to file a replacement brief shall postpone the due date for filing an opposing party’s response brief or reply brief until the court rules on such motion. (d) Jurisdictional Question. If, upon review of the district court docket entries, order and/or judgment appealed from, and the notice of appeal, it appears that this court may lack jurisdiction over the appeal or cross-appeal, the court may request the parties to advise the court in writing of their position with respect to the jurisdictional question(s) raised. The issuance of a jurisdictional question does not stay the time for filing appellant’s brief otherwise provided by this rule. Unless otherwise ordered by the court, the due date for filing appellee’s or appellee-cross-appellant’s brief shall be postponed until the court determines that the appeal or cross-appeal shall proceed or directs the parties to address the jurisdictional question(s) in their briefs on the merits. When the court rules on a jurisdictional question, a new due date will be set for filing appellee’s or appellee-cross-appellant’s brief if the appeal or cross-appeal is allowed to proceed.
(a) Briefing Schedule. Except as otherwise provided herein, the appellant shall serve and file a brief within 40 days after the date on which the record is deemed filed as provided by 11th Cir. R. 12-1. The appellee shall serve and file a brief within 30 days after service of the