Briefs and Other Documents
(1)Filing of briefs is not jurisdictional; however, the Board views briefs as a significant aid to the review process. Briefs submitted for consideration by the Board shall comply with this section.
(2)The party requesting Board review shall file its appellant’s brief to the Board within 21 days after the date of the Board’s “Notice of Briefing.” Respondent(s) shall file its (their) brief(s) within 21 days after the date of filing of the appellant’s brief. Any party who has filed a cross-request for review shall include its cross-appellant’s opening brief as a part of its respondent’s brief. An appellant may file a reply and/or cross-respondent’s brief within 14 days after the date of filing of the respondent’s and/or cross-appellant’s brief. Any party who has not filed a request for review may file a cross-respondent’s brief within 14 days after the date of filing of the cross-appellant’s brief. A cross-appellant may file a cross-reply brief within 14 days of the filing date of a cross-respondent’s brief. Unless otherwise authorized by the Board, no other briefs will be considered.
(3)Extensions of time for filing of briefs will be allowed only on written request filed pursuant to OAR 438-005-0046 (Filing and Service of Documents; Correspondence)(1) no later than the date the brief is due. A statement whether opposing counsel (or a party if the party is not represented by counsel) objects to, concurs in or has no comment regarding the extension of time requested shall be furnished in all cases. Briefing extensions will not be allowed unless the Board finds that extraordinary circumstances beyond the control of the party requesting the extension justify the extension.
Rule 438-011-0020 — Briefs and Other Documents,