Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 7348 (November 26, 2022).

210 Pa. Code Rule 2113. Reply Brief.

Rule 2113. Reply Brief.

 (a)  General rule.—In accordance with Pa.R.A.P. 2185(a) (time for serving and filing briefs), the appellant may file a brief in reply to matters raised by appellee’s brief or in any amicus curiae brief and not previously addressed in appellant’s brief. If the appellee has cross appealed, the appellee may file a similarly limited reply brief. A reply brief shall contain the certificates of compliance required by Pa.R.A.P. 127 and 2135(d).

 (b)  Response to draft or plan.—A reply brief may be filed as prescribed in Pa.R.A.P. 2134 (drafts or plans).

 (c)  Other briefs.—No further briefs may be filed except with leave of court.

   Official Note

   An appellant now has a general right to file a reply brief. The scope of the reply brief is limited, however, in that such brief may only address matters raised by appellee and not previously addressed in appellant’s brief. No subsequent brief may be filed unless authorized by the court.

   The length of a reply brief is set by Pa.R.A.P. 2135 (length of briefs). The due date for a reply brief is found in Pa.R.A.P. 2185(a) (service and filing of briefs).

   Where there are cross appeals, the deemed or designated appellee may file a similarly limited reply brief addressing issues in the cross appeal. See also Pa.R.A.P. 2136 (briefs in cases involving cross appeals).

   The 2011 amendment to paragraph (a) authorized an appellant to address in a reply brief matters raised in amicus curiae briefs. Before the 2011 amendment, the rule permitted the appellant to address in its reply brief only matters raised in the appellee’s brief. The 2011 amendment did not change the requirement that the reply brief must not address matters previously addressed in the appellant’s principal brief.

Source

   The provisions of this Rule 2113 amended December 30, 1987, effective January 16, 1988 and shall govern all matters thereafter commenced and, insofar as just and practicable, matters then pending, 18 Pa.B. 245; amended October 18, 2002, effective December 2, 2002, 32 Pa.B. 5402; amended January 30, 2009, effective as to all appeals filed 60 days or more after adoption, 39 Pa.B. 1094; amended October 3, 2011, effective in thirty days, 41 Pa.B. 5620; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 461. Immediately preceding text appears at serial page (366926).



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