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).
 Guide to Brief Preparation
This is the cover
page. Local Rule Court of Appeals
7(A)(1) describes case number
what information
should be on the
cover page.

Information for
counsel,
including the
name of the party
represented and
registration
number, or if a
Title of party is
document and unrepresented,
the name of the information for
party on whose the party.
behalf the
document is
filed.
 Guide to Brief Preparation
Appellee’s brief List the page
may omit the on which the
statement of the section begins.
issues, statement
of the case, and
statement of the
facts, but must
otherwise comply
with these rules.
If the appellee
includes a
Local Rule
statement of
7(A)(9)
facts, it is
requires that
sufficient to
the Table of
highlight
Contents
differences from
include a list of
the appellant’s
the items in the
statement rather
appendix.
than restating the
same facts.
 Guide to Brief Preparation

List all pages

All authorities,
where the
including cases,
authority is
statutes,
cited.
ordinances, and
rules, must be
listed in the
Table of
Authorities.
 Guide to Brief Preparation
Local Rule Detailed reasons
7(A)(3) requires a why the court erred
separate statement should not be
listing the included in the
assignments of assignment of error.
error. An Many assignments
assignment of of error begin with
error is a concise the phrase “The trial
description of a court erred by ….”
mistake alleged to
have been made by
the trial court. Appellee’s brief
should repeat
appellant’s
Page 1 of the assignments of error.
brief always
begins with the
Statement of the
Assignments of
Error.
 Guide to Brief Preparation
Local Rule
7(A)(4) requires a
list of the issues
presented for Appendix B to the
review. The Local Rules
issues are the explains what the
questions that the Court is looking
Court must for in a Statement
answer to reach a of the Issues
decision in the Presented.
case.
 Guide to Brief Preparation
Local Rule If the appendix
7(A)(5) requires a includes a copy of the
statement of the item cited, a
case, which tells reference in the brief
how the case to the location of the
proceeded in the item in the appendix
trial court. Only is required.
events relevant to
the assignment of Local Rule 7(A)(6)
error should be requires a statement of
included. the facts, which tells
the facts giving rise to
the action in the trial
court. Only facts
relevant to the
assignments of error
Local Rule 7(A)(5) should be included in
requires references to the statement of facts.
the record, which There must also have
identify the evidence been evidence in the
proving the fact. In record to support the
this example, “Tr. at facts.
81” refers to a page
of the trial transcript.
 Guide to Brief Preparation
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.
Each assignment
of error should be
Local Rule 7(A)(7)
argued separately.
requires the parties
to include a section
explaining the
party’s position
with respect to the
assignments of Local Rule 7(A)(7)
error and including requires the standard
citations to case of review to be
law, statutes, and included in the
other authorities argument.
that support the
party’s argument.
 Guide to Brief Preparation

Case names
should be in
Block quotes italics or
should be underlined.
single-spaced.

Citations to
cases, statutes,
and rules, should
be in the body of
the brief, not in
footnotes.
 Guide to Brief Preparation
Include Use party
references names or
to the descriptive
record to terms rather
support than
your “appellant”
argument. and
“appellee” in
the brief.

With the exception

of block quotes
and footnotes, the
text of the brief is
to be double-
spaced.
 Guide to Brief Preparation
Local Rule
7(A)(8) requires Appellate Rule
a conclusion 13(D) requires
stating the relief all documents
requested from filed with the
the Court of Court to include
Appeals. 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 Local Rule
the final judgment 7(A)(9) requires
entry of the trial the pages of the
court and any appendix to be
orders relevant to sequentially
the assignments of numbered.
error, including Numbering
findings of fact and should begin with
conclusions of law page one and
and magistrate continue
reports. sequentially
through the last
page in the
Copies of cases,
appendix, for
statutes, rules,
example, A-1, A-
regulations,
2, etc.
ordinances, and
constitutional
provisions should
not be included in
the appendix.
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.
Guide to Brief Preparation
The end.