Local Rule 7.1.3: Form and Contents of Briefs, Memoranda of Points and Authorities, and Appendices
D. Del. — Civil rule
RULE 7.1.3. Form and Contents of Briefs, Memoranda of Points and Authorities, and Appendices.
(a) To the extent applicable and consistent with CM/ECF Procedures, papers shall comply with the following requirements regarding form, unless otherwise ordered:
(1) Covers. On the front cover of each brief, memorandum of points and authorities, and appendix, there shall be the name of the Court, the caption of the case, the civil action number, a description of the paper's nature, the date of filing, the name and designation of the party for whom the paper is filed, and the name, Delaware bar identification number, address, and telephone number of counsel by whom it is filed.
(2) Format. All briefs and memoranda shall be printed in at least 12 point type, and shall be double-spaced with at least 1 inch margins. To the extent paper copies of briefs, memoranda, and/or appendices are filed with the Court, they shall be firmly bound at the left margin.
(3) Page Numbering of Appendices. Pages of an appendix shall be numbered separately at the bottom. Transcripts and other papers reproduced in a manner authorized by this Rule shall be included in the appendix both with original and appendix pagination.
(4) Length. No opening or answering brief shall exceed 20 pages, and no reply brief shall exceed 10 pages, in each instance exclusive of any table of contents or table of citations.
(5) Form of Citations. Citations shall be made in accordance with "A Uniform System of Citation," published and distributed from time to time by the Harvard Law Review Association. Citations to the National Reporter System must be included, except as to United States Supreme Court decisions where the official citation shall be used.
(6) Citation by Docket Number. References to earlier-filed papers in any civil action shall include a citation to the docket item number as maintained by the Clerk in the following format: "D.I." followed by the docket item number of the paper.
(7) Unreported Opinions. If an opinion is cited which is neither reported in the National Reporter System nor available on either WESTLAW or LEXIS, a copy of such opinion shall be attached to the document which cites it or shall otherwise be provided to the Court.
(b) Contents of Memoranda of Points and Authorities. Memoranda of points and authorities shall include the legal propositions urged by the party, succinctly stated, as well as citations to those cases and legal authorities supporting each such legal proposition. No further legal argument shall be included.
(c) Contents of Briefs.
(1) Opening and Answering Briefs. The opening and answering brief shall contain the following, under distinctive titles, in the listed order:
(A) A table of contents setting forth the page number of each section, including all headings, designated in the body of the brief.
(B) A table of citations of cases, statutes, rules, textbooks and other authorities, alphabetically and/or numerically arranged. If a brief does not contain any citations therein, a statement to this effect should be placed under this heading.
(C) A statement of the nature and stage of the proceedings.
(D) A summary of argument, setting forth in separately numbered paragraphs the legal propositions upon which the party relies.
(E) A concise statement of facts, with supporting references to the record, presenting the background of the questions at issue. Each party shall be referred to as "plaintiff" or "defendant," as the case may be, or by the name or other appropriate designation which makes identity clear. The answering counterstatement of facts need not repeat facts recited in the opening brief.
(F) An argument, divided under appropriate headings distinctly setting forth separate points.
(G) A short conclusion stating the precise relief sought.
(2) Reply Briefs. The party filing the opening brief shall not reserve material for the reply brief which should have been included in a full and fair opening brief. There shall not be a repetition of materials contained in the opening brief. A table of contents and a table of citations, as required above, shall be included in the reply brief.
(d) Contents of Appendices. Each appendix shall contain a paginated table of contents and may contain such parts of the record relevant to the questions presented. The portions of the record included in the appendix shall be arranged in chronological order. Duplication of material shall be avoided. If evidence in a foreign language is included in any appendix, an English translation (along with a certification that the translation is true and correct) shall also be included in the appendix.
(e) Joint Appendix. The parties may agree on a joint appendix, which shall be bound separately.
(f) Bankruptcy Appeals. Bankruptcy appeals shall be exempt from the requirements of this Rule, and shall instead conform to the requirements of the Federal Rules of Bankruptcy Procedure and Part VIII of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware, provided, however, that this Court may accept documents that do not meet all of the requirements of Federal Rule of Bankruptcy Procedure 8015.