(A) Dismissal of appeal
If the appellant fails to file a merit brief within the time provided by Rule 16.02 or as extended in accordance with Rule 3.03, the Supreme Court may dismiss the appeal.
(B) Reversal of judgment
If the appellee fails to file a merit brief within the time provided by Rule 16.03 or as extended in accordance with Rule 3.03, the Supreme Court may accept the appellant’s statement of facts and issues as correct and reverse the judgment if the appellant’s brief reasonably appears to sustain reversal.
(C) Failure to brief proposition of law
(1) If the appellant’s merit brief fails to address a proposition of law which was accepted for review, the appellee may choose to brief the proposition of law, and the Supreme Court may dismiss the proposition of law or may reach the merits of the proposition of law.
(2) If the appellant substantially alters a proposition of law accepted by the Supreme Court, the Supreme Court may strike that brief.
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; April 1, 2025
