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Required Formatting

Is there a special format for what the briefs look like?

Yes. Be aware that there are slightly different requirements between when you first file the appeal brief and when you file the final version after the Appellate Court Clerk's Office has accepted it.

What is the format for the initial filing before the brief is accepted?

When you first file the appeal brief, it must:

What does the court do when it gets your brief?

The requirements set out above are for the initial filing before it has been accepted by the Appellate Court Clerk's Office. The court will review the brief to make sure you have followed all the requirements of Appellate Rule 212. You will get a notice telling you if the court accepted or rejected your brief. If the brief is rejected, the notice will tell you what changes must be made. You will need to submit your brief to the court to be reviewed again. Do not finalize the brief until you receive notice that the brief has been accepted. This notice will tell you important information for the final printing such as what color cover you need, and how many copies to provide.

What do you do when the court accepts your brief?

For the final filing after the Appellate Court Clerk's Office has accepted the appeal brief, do everything required above except make sure

Is there a special way to cite to the documents in the record in the appeal brief?

Yes. If you refer to documents in the excerpts of record, cite to them as (Exc.__) and put the page number in the blank. If they are in the Superior Court record, but not in the excerpt, cite to them as (R.__). If you are citing to the transcript, use (T.__).

Do the brief covers need to be a special color?

Yes. Special colors must be used in the final printing of the briefs depending on which brief is filed. The case manager will send you a printing notice that tells you what color cover you need.

How big should the typeface be if you type the appeal brief on the computer or a typewriter?

For all text and footnotes, the typeface must be at least:

Do you have to prove that you used the right size type?

If you use 12 point Courier, you do not need to prove that you are using the right size. But if you use any other typeface, you need to state what typeface and font size you used by filing:

How do you number the pages in the brief?

The first three sections of the brief should be numbered using small Roman numbers (i, ii, iii, iv, v, vi, vii, ix, x etc.):

Starting with the Jurisdictional Statement, the pages for the rest of the brief should be numbered using regular numbers (1, 2, 3, 4, 5, etc). The page number should be listed on the bottom of the page in the center.

Is there a page limit for the appeal briefs?

Yes.

Type of appeal brief Length
Appellant's opening brief 50 pages max
Appellee's brief 50 pages max
Appellant's reply brief 20 pages max

The court does not usually allow briefs that are over the page limit.

When do you start the page count to make sure your brief is the right length?

With the appellant's brief, the first numbered page starts with the Jurisdictional Statement. The Cover, Table of Contents, Table of Authorities and Authorities Principally Relied Upon do not count toward the 50 page limit for the appellant's opening brief and the appellee's brief.

What do you do after finishing the brief?

After you write the brief and get it formatted correctly, you need to prepare the excerpt of record.


Rev. 16 March 2007
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