Rule 9.17 - BRIEFS ON THE MERITS ON REVIEW(1) After the Supreme Court allows review, the parties to the case on review may file briefs on the merits of the case, as provided in this rule. A respondent may file a brief on the merits on review even if the petitioner on review elects not to do so.(2)(a) If a petitioner on review has given notice of intent to file a brief on the merits as provided in ORAP 9.05(3)(a)(v), the petitioner shall have 28 days after the date that the Supreme Court allows review to file the brief. (b) The petitioner's brief on the merits on review shall contain: (i) Concise statements of the legal question or questions presented on review and of the rule of law that petitioner proposes be established. The questions should not be argumentative or repetitious. The phrasing of the questions need not be identical with any statement of questions presented in the petition for review, but the brief may not raise additional questions or change the substance of the questions already presented.(ii) A concise statement of:(A) The nature of the action or proceeding, the relief sought in the trial court, and the nature of the judgment rendered by the trial court; and(B) All the facts of the case material to determination of the review, in narrative form with references to the places in the record where the facts appear.(iii) A summary of the argument.(v) A conclusion, specifying with particularity the relief which the party seeks.(c) The petitioner's brief on the merits on review shall conform to ORAP 5.05, ORAP 5.35, ORAP 5.95, and ORAP 9.05(3).(3)(a) The respondent's brief on the merits on review shall be filed within these time limits: (i) If petitioner files a brief on the merits on review, respondent's brief on the merits on review is due within 28 days thereafter;(ii) If petitioner gives notice of intent to file a brief on the merits on review but ultimately either does not do so or does not do so within the time allowed, respondent's brief on the merits on review is due within 28 days after the date on which petitioner's brief on the merits on review was due;(iii) If petitioner either has failed to give notice of intent to file a brief on the merits on review as provided in ORAP 9.05(3)(a)(v) or has given notice of intent not to file a brief on the merits on review, respondent's brief on the merits on review is due within 28 days after review is allowed.(b) Items required by paragraph (2)(b) of this rule need not be included in respondent's brief on the merits on review unless respondent is dissatisfied with their presentation in petitioner's brief on the merits on review.(c) The respondent's brief on the merits on review shall conform to ORAP 5.05, ORAP 5.35, and ORAP 5.95.(4) The petitioner on review may file an optional reply brief to the respondent's brief on the merits. The petitioner's reply brief on the merits shall conform to ORAP 5.05, ORAP 5.35, and ORAP 5.95. The reply brief on the merits, if any, is due within 14 days of the date on which respondent's brief on the merits on review was due.(5) In complex cases, such as cases with multiple parties, multiple petitions, or both, the parties may confer and suggest an alternative briefing schedule as provided in ORAP 5.80(8).