(A) Time to file
(1) In every appeal involving termination of parental rights or adoption of a minor child, or both, or the setting or denial of bail, within twenty days after the filing of the appellant’s brief the appellee shall file a merit brief.
(2) In every other appeal, the appellee shall file a merit brief within thirty days after the filing of the appellant’s brief.
(3) If the case involves multiple appellants who file separate merit briefs, the appellee shall file only one merit brief responding to all of the appellants’ merit briefs. The time for filing the appellee’s brief shall be calculated from the date the last brief in support of the appellant is filed, including an amicus brief in support of the appellants.
(B) Contents
(1) The appellee’s brief shall comply with the provisions in Rule 16.02(B), answer the appellant’s contentions, and make any other appropriate contentions as reasons for affirmance of the order or judgment from which the appeal is taken. An appellee shall not submit additional or contrary propositions of law, but shall only respond to the propositions of law contained in the appellant’s brief.
(2) A statement of facts may be omitted from the appellee’s brief if the appellee agrees with the statement of facts given in the appellant’s merit brief.
(3) The appendix need not duplicate any materials provided in the appendix of the appellant’s brief.
(C) Page limit
(1) Except in death-penalty appeals of right and in postconviction death-penalty appeals, the appellee’s brief shall not exceed fifty numbered pages, exclusive of the table of contents, the table of authorities cited, the certificate of service, the signature block, and the appendix.
(2) In death-penalty appeals of right filed pursuant to Rule 5.01(A)(1), (2), (4), or (6) and in postconviction death-penalty appeals filed pursuant to Rule 7, the appellee’s brief has no page limitation.
Effective Date: June 1, 1994
Amended: April 1, 1996; April 1, 2000; June 1, 2000; July 1, 2004; January 1, 2008; January 1, 2010; January 1, 2013; June 1, 2017; January 1, 2023; April 1, 2025