Rule 2-12 Briefs

2-12.1. Filing

Unless the brief is electronically filed, each party shall file an original and such number of copies of the brief in every case as the local rule of each court requires. All parties shall file briefs in every criminal appeal.

2-12.2. Preparation of Briefs

A. Briefs may be printed, typewritten, or produced by any copying or duplicating process which produces a clear black image on white paper. Illegible copies

and photocopies are not acceptable. Briefs may be typewritten or otherwise acceptably produced on either letter or legal-size, white, unglazed, opaque paper, with a margin of 1 inch on each side, using only one side of each page.

The text of briefs shall be double-spaced except for matters which are customarily single-spaced. The pages in the briefs shall be numbered consecutively.

B. The language used in the brief shall be courteous, free from vile, obscene, obnoxious, or offensive expressions, and free from insulting, abusive, discourteous, or irrelevant matter or criticism of any person, class of persons or association of persons, or any court, or judge or other officer thereof, or of any institution. Any violation of this Subsection shall subject the author, or authors, of the brief to punishment for contempt of court, and to having such brief returned.

C. The preparation of briefs submitted in appeals shall be subject to the following requirements and limitations:

(1) Original appellant and appellee briefs on paper measuring 8½ inches by 14 inches shall not exceed thirty-one pages; reply briefs on such paper shall not exceed thirteen pages. Original appellant and appellee briefs on paper measuring 8½ inches by 11 inches shall not exceed forty-one pages; reply briefs on such paper shall not exceed eighteen pages. These limitations do not include pages containing:

(a) the cover inscription required by Rule 2-12.3;

(b) the table of contents required by Rule 2-12.4A(1) and Rule 2-12.5;

(c) the table of authorities required by Rule 2-12.4A(2) and Rule 2-12.5;

(d) a copy of the judgment, order, or ruling complained of, and a copy of either the trial judge’s written reasons for judgment, transcribed oral reasons for judgment, or minute entry of the reasons, if given, required by Rule 2-12.4B(1); and

(e) the certificate of service required by Rule 2-14.2.

(2) The size type in all briefs shall be: (a) Times New Roman 14 point or larger computer font, normal spacing; or (b) no more than 10 characters per inch typewriter print. A margin of at least one inch at the top and bottom of each page shall be maintained. Footnotes may be single-spaced but shall not be used to circumvent the spirit of this Rule.

(3) A motion for leave to file a brief in excess of the page limitation of this Rule shall be filed in advance of the due date of the brief. Such a motion

shall be granted only for extraordinary and compelling reasons and shall have no effect on the due date of the brief. (As amended by the Louisiana Conference of Court of Appeal Judges on April 13, 2023, with an effective date of July 1, 2023.)

2-12.3. Cover Inscription

Briefs shall state on the cover or on the title page the following:

(1) the title of the court to which it is directed;

(2) the docket number of the case in the court;

(3) the title of the case as it appears on the notice of lodging;

(4) the name or title of the court and the parish from which the case originated;

(5) the name of the judge who rendered the judgment or ruling complained of;

(6) a statement as to whether the case comes before the court on appeal or under the supervisory jurisdiction of the court;

(7) a statement identifying the party on whose behalf the brief is filed and the party’s status before the court;

(8) the nature of the brief, whether original, in reply, or supplemental; and

(9) the name of counsel, with mailing address, email address, and telephone number, by whom the brief is filed, and a designation of the parties represented.

2-12.4. Appellant Brief

A. The brief of the appellant shall contain, under appropriate headings and in the order indicated:

(1) a table of contents with page references;

(2) a table of authorities, including cases alphabetically arranged, statutes and other authorities, with references to the pages of the brief where the authorities are cited;

(3) a jurisdictional statement setting forth the constitutional and statutory basis for the court to exercise appellate jurisdiction, with citations to applicable provisions. The jurisdictional statement shall also include the dates of the judgment appealed and of the motion and order for appeal to establish the timeliness of the appeal and the following, as applicable:

(a) an assertion that the appeal is from a final appealable judgment and, if the appealability is dependent upon a designation by the trial

court, a reference to the specific page numbers of the record where the designation and reasons for the designation are to be found; or

(b) an assertion that the appeal is from an interlocutory judgment or order which is appealable as expressly provided by law; or

(c) an assertion of information establishing the Court of Appeal’s jurisdiction on some other basis;

(4) a concise statement of the case, indicating the nature of the case, the action of the trial court, and the disposition;

(5) the assignments of alleged errors;

(6) a listing of issues presented for review;

(7) a statement of facts relevant to the assignments of error and issues for review, with references to the specific page numbers of the record;

(8) a short summary of the argument, i.e., a succinct, clear, and accurate statement of the arguments made in the body of the brief;

(9) the argument, which shall contain:

(a) appellant’s contentions, with reference to the specific page numbers of the record and citations to the authorities on which the appellant relies;

(b) for each assignment of error and issue for review, a concise statement of the applicable standard of review, which may appear in the discussion or under a separate heading placed before the discussion; and

(c) for each assignment of error and issue for review which required an objection or proffer to preserve, a statement that the objection or proffer was made, with reference to the specific page numbers of the record; and

(10) a short conclusion stating the precise relief sought.

B.

(1) A copy of the judgment, order, or ruling complained of, and a copy of either the trial court’s written reasons for judgment, transcribed oral reasons for judgment, or minute entry of the reasons, if given, shall be appended to the brief of the appellant. If reasons for judgment were not given, the brief shall so declare.

(2) Citation of Louisiana cases shall be in conformity with Section VIII of the Louisiana Supreme Court General Administrative Rules. Citations of other cases shall be to volume and page of the official reports (and when possible to the unofficial reports). It is recommended that where United States Supreme Court cases are cited, all three reports be cited, e.g., Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

(3) The court may not consider the argument on an assignment of error or issue for review if suitable reference to the specific page numbers of the record is not made.

(4) All assignments of error and issues for review shall be briefed. The court may deem as abandoned any assignment of error or issue for review which has not been briefed.

2-12.5. Appellee Brief

The brief of the appellee shall contain appropriate and concise responses and arguments to the assignments of error, contentions, and arguments of the appellant and shall conform to the requirements for the appellant brief set forth in Rule 2-12.4, except that the following need not be included unless the appellee is dissatisfied with the appellant’s statements:

(1) the jurisdictional statement, Rule 2-12.4, Subsection A(3);

(2) the statement of the case, Rule 2-12.4, Subsection A(4);

(3) assignments of alleged errors, Rule 2-12.4, Subsection A(5);

(4) the listing of issues, Rule 2-12.4, Subsection A(6);

(5) the statement of facts, Rule 2-12.4, Subsection A(7);

(6) the statement of the standard of review, Rule 2-12.4, Subsection A(9)(b);

(7) the statement of the objection or proffer, Rule 2-12.4, Subsection A(9)(c); and

(8) a copy of the judgment or order and a copy of the trial court’s written or transcribed oral reasons, Rule 2-12.4, Subsection B(1).

2-12.6. Reply Brief

The appellant may file a reply brief, if he has timely filed an appellant brief, but it shall be strictly confined to rebuttal of points urged in the appellee brief. No further briefs shall be filed except by order of the court.

2-12.6.1. Citation of Supplemental Authorities

A. If pertinent and significant authorities come to a party’s attention after all original and reply briefs have been filed - or after oral argument but before decision - a party may promptly advise the clerk by letter, with a copy to all other parties, setting forth the citations.

B. The letter shall be limited to: (1) the name and citation of the opinion or authority; (2) the issue presented by the case which is pertinent to the issues raised in the case pending before the court; and (3) a citation to the page where this point has been raised in briefs before the court, or if not raised in briefs and dealt with in oral argument only, where and how this issue arose during oral argument. The letter shall not include attachments, including but not limited to the documents cited within the letter.

C. The body of the letter shall not exceed two pages (letter size). Any response must be made promptly and must be similarly limited. This section 2-12.6.1 letter shall not contain argument; if a party desires to make an argument or to exceed two pages (letter size), the party shall file a motion requesting permission to file a supplemental brief.

2-12.7. Time to File

The brief of the appellant shall be filed not later than 25 calendar days after the lodging of the record in the court, and the brief of the appellee shall be filed not later than 45 calendar days after the lodging of the record in the court. The reply brief, if any, of the appellant shall be filed not later than 10 calendar days after the appellee brief is filed.

Unless otherwise directed by the court in the notice of lodging, in the case of a timely order of appeal being obtained by a litigant subsequent to an earlier order of appeal obtained by a different litigant, the brief on behalf of the litigant whose order of appeal bears the earlier date shall be due in accordance with the provisions of the appropriate Rule regarding the appellant. The brief on behalf of the litigant whose order of appeal bears the later date shall be due in accordance with the provisions of the appropriate Rule regarding the appellee.

2-12.8. Extensions of Time

An extension of time within which to file a brief may be granted by the court for good cause shown on written motion filed with the clerk of the court on or before the date the brief is due. If an extension of time is granted to an appellant to file the appellant brief, time for filing the appellee brief shall be extended for a period of twenty days from the date of the extended time granted the appellant, without the necessity of a motion by the appellee. An extension of time may not be granted if such extension will retard the hearing or determination of the case.

2-12.9. Specially-assigned Cases

In cases specially assigned for argument, the briefs shall be filed as ordered by the court.

2-12.10. Briefs on Motions

Briefs in support of motions shall be filed with the motion. Briefs in opposition thereto shall be filed prior to decision by the court, or as may be ordered by the court.

2-12.11. Amicus Curiae Briefs

Amicus curiae briefs may be filed only upon motion by the applicant and order of the court. The motion shall identify the interest of the applicant, state that the applicant has read the briefs of the parties, and state specific reasons why the applicant’s brief would be helpful to the court in deciding the case. Amicus curiae may not request oral argument.

2-12.12. Untimely Briefs; Sanctions

If the brief on behalf of any party is not filed by the date that the brief is due, such party’s right to oral argument shall be forfeited. The court may also impose other sanctions including, but not limited to, dismissal of the appeal when the appellant does not file a brief as provided for in Rule 2-8.6.

2-12.13. Non-conforming Briefs; Sanctions

Briefs not in compliance with these Rules may be stricken in whole or in part by the court, and the delinquent party or counsel of record may be ordered to file a new or amended brief.