Presentation on theme: "Guide to Brief Preparation Local Rule 7 sets out the requirements. Briefs must be typed and double-spaced. An original and four copies shall be filed."— Presentation transcript:
Guide to Brief Preparation Local Rule 7 sets out the requirements. Briefs must be typed and double-spaced. An original and four copies shall be filed. The original shall be unbound. Copies should be bound in a way that allows the brief to lie reasonably flat when open. Staples may be used for binding copies. Briefs are limited to 30 pages, and a reply brief is limited to 10 pages, unless the word count provision is followed.
Guide to Brief Preparation Footnotes should be limited to information that supplements the text, but would otherwise be distracting in the body of the brief. Citations should not be placed in footnotes. Briefs should minimize use of the terms “appellant” and “appellee” but should use the parties’ actual names or descriptive terms (for example, “the injured person,” “the employer,” or “the administrator”). The appendix should, in most cases, only include the order or judgment appealed. See Local Rule 7(B)(9). If a party wants to present oral argument, the request must be included on the cover of appellant’s opening brief or on the cover of appellee’s brief. App.R. 21.
Guide to Brief Preparation This is the cover page. Local Rule 7(A)(1) describes what information should be on the cover page. Court of Appeals case number Title of document and the name of the party on whose behalf the document is filed. Oral argument request must be included if party wants to present oral argument. Information for counsel, including the name of the party represented and registration number, or if a party is unrepresented, information for the party.
List the page on which the section begins. Guide to Brief Preparation Appellee’s brief may omit the statement of the issues, statement of the case, and statement of the facts, but must otherwise comply with these rules. If the appellee includes a statement of facts, it is sufficient to highlight differences from the appellant’s statement rather than restating the same facts. Local Rule 7(A)(9) requires that the Table of Contents include a list of the items in the appendix.
Guide to Brief Preparation All authorities, including cases, statutes, ordinances, and rules, must be listed in the Table of Authorities. List all pages where the authority is cited.
Local Rule 7(A)(3) requires a separate statement listing the assignments of error. An assignment of error is a concise description of a mistake alleged to have been made by the trial court. Detailed reasons why the court erred should not be included in the assignment of error. Many assignments of error begin with the phrase “The trial court erred by ….” Guide to Brief Preparation Page 1 of the brief always begins with the Statement of the Assignments of Error. Appellee’s brief should repeat appellant’s assignments of error.
Appendix B to the Local Rules explains what the Court is looking for in a Statement of the Issues Presented. Guide to Brief Preparation Local Rule 7(A)(4) requires a list of the issues presented for review. The issues are the questions that the Court must answer to reach a decision in the case.
Local Rule 7(A)(5) requires a statement of the case, which tells how the case proceeded in the trial court. Only events relevant to the assignment of error should be included. Local Rule 7(A)(6) requires a statement of the facts, which tells the facts giving rise to the action in the trial court. Only facts relevant to the assignments of error should be included in the statement of facts. There must also have been evidence in the record to support the facts. Guide to Brief Preparation Local Rule 7(A)(5) requires references to the record, which identify the evidence proving the fact. In this example, “Tr. at 81” refers to a page of the trial transcript. If the appendix includes a copy of the item cited, a reference in the brief to the location of the item in the appendix is required.
Guide to Brief Preparation Each assignment of error should be argued separately. Local Rule 7(A)(7) requires the standard of review to be included in the argument. Local Rule 7(A)(7) requires the parties to include a section explaining the party’s position with respect to the assignments of error and including citations to case law, statutes, and other authorities that support the party’s argument. The statement of facts should tell a story relevant to the assigned errors rather than provide a recitation of the testimony of every witness, whether relevant or not.
Guide to Brief Preparation Block quotes should be single-spaced. Case names should be in italics or underlined. Citations to cases, statutes, and rules, should be in the body of the brief, not in footnotes.
Guide to Brief Preparation Include references to the record to support your argument. Use party names or descriptive terms rather than “appellant” and “appellee” in the brief. With the exception of block quotes and footnotes, the text of the brief is to be double- spaced.
Local Rule 7(A)(8) requires a conclusion stating the relief requested from the Court of Appeals. Appellate Rule 13(D) requires all documents filed with the Court to include proof of service stating to whom the document has been sent, how it was sent, and when. Proof of service must be separately signed. Guide to Brief Preparation
Local Rule 7(A)(9) requires an appendix that includes copies of the final judgment entry of the trial court and any orders relevant to the assignments of error, including findings of fact and conclusions of law and magistrate reports. Local Rule 7(A)(9) requires the pages of the appendix to be sequentially numbered. Numbering should begin with page one and continue sequentially through the last page in the appendix, for example, A-1, A- 2, etc. Copies of cases, statutes, rules, regulations, ordinances, and constitutional provisions should not be included in the appendix. Guide to Brief Preparation
Brief Preparation – Frequent Questions An original and four copies of each brief must be filed. The original should be unbound to allow for it to be scanned. A brief is limited to 30 pages, or 10 pages for a reply brief, unless it meets the requirements of the word count provision contained in the Court’s Local Rules. A copy of the order appealed must be included in the appendix attached to the brief.
Brief Preparation – Frequent Questions Only the order appealed, and related magistrate decisions or findings of fact are permitted in the appendix. Tabs and dividers should not be used in the appendix. Plastic or colored covers are not required and should not be used. Briefs must include citations to the record.
Brief Preparation – Frequent Questions Relevant cases, statutes, and rules should be cited in the brief. A Notice of Supplemental Authority should be filed only to bring to the Court’s attention cases decided after the brief was filed. Use party names or descriptive labels instead of “appellant” or “plaintiff.” Please use spell check.