(1) (a) Except as provided in subsection (3) of this rule, a party may file a reply brief to a respondent’s answering brief or an answering brief of a cross-respondent.
(b) A reply brief shall be confined to matters raised in the respondent’s answering brief or the answering brief of a cross-respondent; reply briefs that merely restate arguments made in the opening brief are discouraged. A party is not expected to file a reply brief if the opening brief adequately presents the party’s arguments.
(c) The court encourages a party who decides not to file a reply brief, as soon as practicable thereafter, to notify the court in writing to that effect.
(2) The form of a reply brief shall be similar to a respondent’s answering brief. A reply brief shall have an index and shall contain a summary of argument.
(3) (a) Except on request of the appellate court or on motion of a party that demonstrates the need for a reply brief, reply briefs shall not be submitted in the following cases:
(i) traffic, boating, wildlife, and other violations;
(ii) habeas corpus;
(iii) civil commitment;
(iv) forcible entry and detainer; and
(v) judicial review of orders of the Land Use Board of Appeals and Land Conservation and Development Commission in land use cases, as provided in ORAP 4.66(1)(c).
(b) A motion for leave to file a reply brief shall be submitted within 14 days after the filing of the brief to which permission to reply is sought. If a reply brief is submitted with the motion, then:
(i) if the court grants the motion, the date of filing for the reply brief relates backs to the date of the filing for the motion;
(ii) if the court denies the motion, the court will strike the reply brief.
