5th Cir. R. 28: Briefs — 5th Cir.

28.1 Briefs - Technical Requirements. The technical requirements for permissible typefaces, paper size, line spacing, and length of briefs are found in FED. R. APP. P. and 5TH CIR. R. 32.

28.2 Briefs - Contents.

28.2.1 Certificate of Interested Persons. The certificate of interested persons required by this rule is broader in scope than the disclosure statement contemplated in FED. R. APP. P. 26.1. The certificate of interested persons provides the court with additional information concerning parties whose participation in a case may raise a recusal issue. A separate disclosure statement is not required. Counsel and unrepresented parties will furnish a certificate for all private (non-governmental) parties, both appellants and appellees, which must be incorporated on the first page of each brief before the table of contents or index, and which must certify a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent corporations, or other legal entities who or which are financially interested in the outcome of the litigation. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary. Each certificate must also list the names of opposing law firms and/or counsel in the case. The certificate must include all information called for by FED. R. APP. P. 26.1(a), (b) and (c) as appropriate for the case under review. Counsel and unrepresented parties must supplement their certificates of interested persons whenever the information that must be disclosed changes.

(a) Each certificate must list all persons known to counsel to be interested, on all sides of the case, whether or not represented by counsel furnishing the certificate. Counsel has the burden to ascertain and certify the true facts to the court.

(b) The certificate must be in the following form:

(1) Number and Style of Case;

(2) The undersigned counsel of record certifies that the following listed persons and entities as described in the fourth sentence of Rule 28.2.1 have an interest in the outcome of this case. These representations are made in order that the judges of this court may evaluate possible disqualification or recusal.

(Here list names of all such persons and entities and identify their connection and interest.)

Attorney of record for

28.2.2 Record References. Every assertion in briefs regarding matter in the record must be supported by a reference to the page number of the original record, whether in paper or electronic form, where the matter is found using the record citation form as directed by the Clerk of Court.

28.2.3 Request for Oral Argument. Counsel for appellant must include in a preamble to appellant's principal brief a short statement why oral argument would be helpful, or a statement that appellant waives oral argument. Appellee’s counsel must likewise include in appellee's brief a statement why oral argument is or is not needed. The court will give these statements due, though not controlling, weight in determining whether to hold oral argument. See FED. R. APP. P. 34(a) and (f) and 5TH CIR. R. 34.2.

28.3 Brief - Order of Contents. The order of the contents of the brief is governed by FED. R. App. P. 28 and this rule and will be as follows:

(a) Certificate of interested persons required by 5TH CIR. R. 28.2.1;

(b) Statement regarding oral argument required by 5TH CIR. R. 28.2.3 (See FED. R. APP. P. 34(a)(1));

(d) A table of authorities (see FED. R. APP. P. 28(a)(3));

(e) A jurisdictional statement as required by FED. R. APP. P. 28(a)(4)(A) through (D);

(f) A statement of issues presented for review (see FED. R. APP. P. 28 (a)(5));

(g) A concise statement of the case setting out the facts relevant to the issues submitted for review (see FED. R. APP. P. 28(a)(6));

(h) A summary of the argument (see FED. R. APP. P. 28(a)(7));

(i) The argument (see FED. R. APP. P. 28(a)(8));

(j) A short conclusion stating the precise relief sought (see FED. R. APP. P. 28 (a)(9));

(k) A signature of counsel or a party as required by FED. R. APP. P. 32(d);

(l) A certificate of service if required by FED. R. APP. P. 25(d);

(m) A certificate of compliance if required by FED. R. APP. P. 32(g)(1) and 5TH CIR. R. 32.3. (see FED. R. APP. P. 28(a)(10));

28.4 Supplemental Briefs. The rules do not permit the filing of supplemental briefs without leave of court, but there are some occasions, particularly after a case is orally argued or submitted on the summary calendar, where the court will call for supplemental briefs on particular issues. Also, where intervening decisions or new developments should be brought to the court's attention, counsel may direct a letter, not a supplemental brief, to the clerk with citations and succinct comment. See FED. R. APP. P. 28(j). If a new case is not reported, copies of the decision should be appended. The letter must be filed in 4 copies, and served on opposing counsel.

28.5 Signing the Brief. See FED. R. APP. P. 32(d). The signature requirement is interpreted broadly, and the attorney of record may designate another person to sign the brief for him or her. Where counsel for a particular party reside in different locations, it is not necessary to incur the expense of sending the brief from one person to another for multiple signatures.

28.6 Pro Se Briefs. Unless specifically directed by court order, pro se motions, briefs or correspondence will not be filed if the party is represented by counsel.

28.7 Citation to Unpublished Opinions, Orders, etc. FED. R. APP. P. 32.1(a) permits citation to unpublished judicial dispositions. Parties citing to such dispositions must comply with FED. R. APP. P. 32.1(b). If a party does not need to submit a copy of an unpublished disposition, the party must provide a citation to the disposition in a publicly accessible electronic database.

I.O.P. - MISCELLANEOUS BRIEF INFORMATION

(A) ACKNOWLEDGMENT OF BRIEFS - THE CLERK DOES NOT ACKNOWLEDGE THE FILING OF BRIEFS UNLESS COUNSEL OR A PARTY MAKES A SPECIAL REQUEST.

(B) SAMPLE BRIEFS AND RECORD EXCERPTS - UPON REQUEST, THE CLERK MAY LOAN SAMPLE BRIEFS AND RECORD EXCERPTS TO COUNSEL AND NON- INCARCERATED PRO SE LITIGANTS. BECAUSE PRO SE PRISONER BRIEFS ARE NOT HELD TO THE SAME RIGID STANDARDS AS OTHER BRIEFS, COPIES OF BRIEFS ARE GENERALLY NOT SENT TO PRISONERS. INSTEAD OTHER INFORMATIONAL MATERIAL MAY BE SENT. POSTAGE FEES MAY BE REQUIRED BEFORE THE MATERIALS ARE SENT.