A cross-appeal is required where an appellee seeks to enlarge its rights under the judgment or lessen the appellant's. An appellee may defend the judgment on any ground supported by the record without cross-appealing.
Deadlines run from the first notice of appeal.
Alternative Names:
Cross Appeal, Responsive Appeal
Why it Matters?
The distinction determines whether a cross-appeal is necessary, and the rule is that defending the judgment on alternative grounds requires none while seeking any modification does. Parties frequently cross-appeal unnecessarily, which adds briefing and cost. The reverse error is more serious, since an appellee that needed a cross-appeal and did not file cannot obtain modification regardless of merit.
Frequently Confused with
Related terms
Frequently asked questions
When is a cross-appeal required?
What is the serious error?
