Circuit Rule 28-1: Briefs, Applicable Rules

(a) Briefs shall be prepared and filed in accordance with the Federal Rules of Appellate Procedure except as otherwise provided by these rules. See FRAP 28, 29, 31 and 32. All briefs submitted by counsel, including supplemental briefs, must contain a table of contents and a table of authorities pursuant to FRAP 28, unless the Court directs or permits the brief to be in letter format. When a brief in letter format is permitted, the brief must comply with the requirements set forth in the order permitting the letter brief. The lines of text in a letter brief do not need to be double-spaced unless so specified in the order. Briefs not complying with FRAP and these rules may be stricken by the Court. (Rev. 12/1/24; 6/1/26)

(b) Parties must not append or incorporate by reference briefs submitted to the district court or agency or this Court in a prior appeal, or refer this Court to such briefs for the arguments on the merits of the appeal. (New 7/1/00)

(c) Unless otherwise required by Circuit Rule 26.1-1, the brief should not include a disclosure statement pursuant to FRAP 26.1. (New 12/1/25)

(d) Appellants proceeding without assistance of counsel may file the informal form briefs provided by the Clerk in lieu of the briefs described in FRAP 28(a) and (c), and need not comply with the technical requirements of FRAP. (Rev. 1/96; 12/1/19)

Circuit Advisory Committee Note to Rule 28-1

[Abrogated 7/1/06]