Rule 32 Form of Briefs, and Other Papers

(a) Form of a Brief.

(1) Reproduction.

(A) The brief may be reproduced by any process that yields a clear black image on light paper. If a brief is filed manually rather than electronically, the paper must be opaque and unglazed, and only one side of the paper may be used.

(B) Text must be reproduced with a clarity that equals or exceeds the output of a laser printer.

(C) Photographs, illustrations, and tables may be reproduced by any method that results in a good copy of the original.

(2) Cover. Briefs must include a white cover with a caption that includes:

(A) The number of the case centered at the top;

(B) The name of this Court;

(C) The title of the case (see Rule 12(a));

(D) The nature of the proceeding (e.g., Appeal, Petition for Review) and the name of the court, agency, or board below;

(E) The title of the brief, identifying the party or parties for whom the brief is filed; and

(F) The name, address, and telephone number of counsel representing the party for whom the brief is filed.

(3) Binding. If the document is to be filed manually rather than electronically, it must be bound in any manner that is secure, does not obscure the text, and permits the document to lie reasonably flat when open.

(4) Paper Size, Line Spacing, and Margins. The document must be on white, 8.5 by 11-inch paper. The text must use 1.5 spacing, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. Margins must be at least one inch on all four sides. Page numbers may be placed in the margins, but no text may appear there.

(5) Typeface. Briefs should be typed in 11-point font.

(6) Type Styles. Briefs should be set in plain Times New Roman, although italics or boldface may be used for emphasis. Case names must be italicized or underlined, if typewritten.

(7) Length. A principal brief may not exceed 35 pages total, and a reply brief 20 pages total, inclusive of the caption, headings, table of contents, etc.

(b) [Reserved]

(c) Form of Other Papers.

(1) Motion. The form of a motion is governed by Rule 27(b).

(2) Other Papers. Any other paper, including a petition for panel rehearing or a petition for hearing or rehearing en banc, and any response to such a petition, must be reproduced in the manner prescribed by Rule 32(a).

(d) Signature. Every brief, motion, or other paper filed with the Court must be signed by the party filing the paper or, if the party is represented, by one of the party’s attorneys. Attorneys must include their CNMI Bar Association membership number.

(e) [Reserved]

(f) [Reserved]

(g) Certificate of Compliance. Any brief submitted to the Court must include a certificate by the attorney, or an unrepresented party, that the document complies with the requirements of this rule.

(h) Substantial Compliance Required. The Clerk may reject documents that do not substantially comply with this rule, but a party may file a motion to accept such non-conforming documents.

(i) Brief Not in Conformity. When the brief of an appellant or appellee is not in substantial conformity with these rules, the brief may be stricken and sanctions, including a fine, may be levied by the Court. Additionally, an appellant’s non-conforming brief may result in dismissal of the appeal. Any party who may be adversely affected by application of this rule may submit a memorandum or affidavits setting forth the reasons for non-conformance with these rules.

Rule 32.1 Citing Judicial Dispositions

(a) Citation Permitted. Although highly disfavored, parties may cite dispositions from any jurisdiction that have been designated “unpublished,” “not for publication,” “non-precedential,” “not precedent,” or the like, provided the party clearly notes that fact in the citation.

(b) Copies Required. If a party cites a judicial opinion, order, judgment, legal treatise, practice guide, or other disposition that is not available in a publicly accessible electronic database, the party must file and serve a copy of the same with the brief or other paper in which it is cited. Such a copy does not count toward the page length limitation of Rule 32(a)(7).