Cross-Appeal

Cross-Appeal

Cross-Appeal

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 asked questions

When is a cross-appeal required?

When is a cross-appeal required?

Where the appellee seeks to enlarge its rights or lessen the appellant's. Defending on alternative grounds requires none.

What is the serious error?

What is the serious error?

Failing to cross-appeal where modification is sought, which forecloses the relief regardless of the merits.