Section 2113. Reply Brief

(a) General rule.—In accordance with Rule 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.

(b) Response to draft or plan.—A reply brief may be filed as prescribed in Rule 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 Rule 2135 (length of briefs). The due date for a reply brief is found in Rule 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 Rule 2136 (briefs in cases involving cross appeals).

The 2011 amendment to subdivision (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.

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. Immediately preceding text appears at serial page (342244).