§ CR 76.21 Cross motion for discretionary review

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CR 76.21 Cross motion for discretionary review

    (1) If a motion for discretionary review is granted, the respondent shall then be permitted ten days thereafter in which to file a cross motion for discretionary review designating issues raised in the original appeal which are not included in the motion for discretionary review but which should be considered in reviewing the appeal in order to properly dispose of the case.

    (2) This cross motion for discretionary review will be practiced in conformity with Rule 76.34, motion practice in appellate courts. Each cross respondent may file a response to the cross motion within 10 days after the cross motion is filed. No reply to a cross response shall be filed unless requested by the court. Ten copies of any cross motion or cross response shall be filed in the Supreme Court, and five in the Court of Appeals.

    (3) The filing of a cross motion for discretionary review shall suspend the running of time for briefing discretionary review as heretofore granted, and the full time for briefing shall be computed from the date of the order granting or denying the cross motion for discretionary review.

    (4) If the cross motion for discretionary review is granted, the moving party shall brief the new issues thus raised in this brief responding to the brief on behalf of the original movant, and the original movant shall then be permitted to reply to these further issues in the reply brief permitted by Rule 76.12.