IOPs to FRAP 32: Form of Briefs, Appendices, and Other Papers

1. Color of Covers of Briefs. The covers of briefs operate for a busy court like traffic signals. It is important to efficient paper flow for those signals to be correct. The color of the covers of briefs shall be as follows: brief of appellant -- blue brief of appellee -- red reply brief of appellant -- gray amicus -- green appellate intervenor -- green If supplemental briefs are allowed to be filed by order of the court, the color of their covers shall be tan.

For cross-appeals, see I.O.P. 2, Color of Covers of Briefs in Cross-Appeals, following FRAP 28.1.

2. Form of Printing- Legibility. While the court encourages inexpensive forms of reproduction to minimize costs, counsel should personally check each copy of the brief for legibility, completeness, and a proper binding since copies distributed to the court are selected at random. It is also essential that the size type conform to the requirements of FRAP 32(a).

3. Briefs - Miscellaneous Information.

a. Certificate of Service - A certificate of service, if required by FRAP 25(d), must be shown at the conclusion of the brief.

b. Acknowledgment of Briefs - The clerk will acknowledge filing of a brief if a stamped self-addressed envelope is provided.

c. Sample Briefs and Appendices - Upon request, the clerk’s office will loan to counsel sample briefs and appendices that comply with the prescribed form.

4. Brief Binding. Federal Rule of Appellate Procedure 32(a)(3) requires that briefs be bound in a “manner that is secure, does not obscure the text, and permits the brief to lie reasonably flat when open.” In the Court’s view, only spiral and wire binding permit briefs to lie flat when open. For that reason, although the Court does not require any particular type of binding, it prefers that parties file briefs which are either spiral- or wire-bound instead of comb-bound, velo-strip-bound, tape-bound, metal-fastener-bound, thermal-bound, or stapled.