R. 2:6-4. — Contents of Respondent's Brief; Statement in Lieu of Brief; Responsibility to File

a. Contents. Except as otherwise provided by R. 2:9-11 (sentencing appeals), the respondent's brief shall conform either to the requirements of R. 2:6-2(a) (formal brief) or (b) (letter brief), insofar as applicable, except that a counterstatement of facts need be included only if the respondent disagrees with such statements in the appellant's brief.

b. Consequences of Failure to File. Except as otherwise provided by R. 2:9-11 (sentencing appeals) and paragraphs (c) and (d) of this rule, if a respondent fails to file a brief conforming to the requirements of these rules, the court may consider the appeal unopposed and deny the respondent permission to oppose the appeal orally or may make such other order, including an imposition of sanctions, as may be appropriate.

c. Statement in Lieu of Brief. A statement in lieu of brief may be filed if the appeal is from a quasi-judicial decision of a named respondent which represents to the court that the general public interest does not require its adversarial participation in the appeal and that the parties directly affected by its decision have adequately presented, or may be expected to so present, the issues.

d. Filing Responsibility of Public Agencies. In all appeals, where a respondent is the State, a political subdivision thereof, a public or quasi-public body, or a public officer appearing in an official capacity, such respondent shall file a brief or, if paragraph (c) is applicable, a statement in lieu of brief.

e. Appellant/Cross Respondent's Brief. On a cross appeal, the brief of the appellant/cross respondent answering the points raised in support of the cross appeal shall also include a reply brief, if any is deemed necessary.