L.A.R. 32.2: Form of Briefs and Appendices

(a) Excessive footnotes in briefs are discouraged. Footnotes must be printed in the same size type utilized in the text.

(b) Where a transparent cover is utilized, the underlying cover sheet of the brief or appendix must nevertheless conform to the color requirements of FRAP 32(a)(2) and 32(b)(1).

(c) Volume one of the appendix must consist only of (1) a copy of the notice of appeal, (2) the order or judgment from which the appeal is taken, and any other order or orders of the trial court which pertain to the issues raised on appeal (3) the relevant opinions of the district court or bankruptcy court, or the opinion or report and recommendation of the magistrate judge, or the decision of the administrative agency, if any and (4) any order granting a certificate of appealability. Volume one of the appendix may be bound in the paper brief and will not be counted toward the page or type volume limitations on the brief. All other volumes of the appendix must be separately bound.

(d)Where there is a multi-volume appendix, counsel should specify on the cover of each volume the pages contained therein, e.g., Vol. 2, pp. 358-722. Costs to the party entitled to them will be allowed for documents appended to the brief.

(e) Certain personal identifiers must be excluded or redacted from all documents filed with the court as specified in L.A.R. Misc. 113.12 and Judicial Conference policy.

The portions of prior Court Rule 21.2A that were repetitive of FRAP 32(a) were in 1995. Subsection (a) has been added to curtail the use of footnotes as a means to circumvent the page limitations set forth in FRAP. The Rule has been amended to require that additional relevant opinions be bound in the brief. Subsection (e) was added in 2008 to require redaction.