Rule 28 Briefs

(a) Appellant’s Principal Brief. The appellant’s principal brief must contain under appropriate headings and in this order:

(1) a statement of the issues presented for review, with references to the pages where the discussion of each begins;

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

(3) a concise statement of the case, including the subject of the litigation, the claims of the parties, the facts of the case and proceedings below, and the appellant’s specific claims of error, with appropriate references to the record;

(4) an argument, which may be preceded by a summary, and must contain:

(A) the issues presented, how they were preserved, and appellant’s contentions and the reasons for them—with citations to the authorities, statutes, and parts of the record on which the appellant relies; and

(B) for each issue, a concise statement of the applicable standard of review, which may appear in the discussion of the issue or under a separate heading placed before the discussion of the issues.

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

(b) Appellee’s Principal Brief. The appellee’s principal brief must conform to the requirements above, but it need not include a statement of the case or the standard of review unless the appellee is dissatisfied with the appellant’s statement.

(c) Appellant’s Reply Brief. The appellant may file a brief in reply to the appellee's brief. No further briefs may be filed without Court permission, except as provided in (d).

(d) Briefs in a Case Involving a Cross-Appeal.

(1) Designation of Appellant. If a cross-appeal is filed, the party who files a notice of appeal first is the appellant for the purposes of this rule, and Rules 30 and 31. If notices are filed on the same day, the plaintiff in the proceeding below is the appellant. These designations may be modified by agreement of the parties or by Court order.

(2) Appellee’s Principal Brief. In a case with a cross-appeal, the appellee must file a principal brief that addresses the cross-appeal and also responds to the appellant’s principal brief. The appellee’s principal brief must conform to the requirements of paragraphs (a)(1)-(5), except an appellee who is satisfied with appellant’s statement need not include a statement of the case.

(3) Appellant’s Reply Brief. The appellant must file a brief that responds to the principal brief in the cross-appeal and in the same brief may reply to the response in the appeal.

(4) Appellee’s Reply Brief. An appellee may file a brief in reply to the response in the cross-appeal. The brief must be limited to the issues presented by the cross-appeal.

(5) No Further Briefs. No further briefs may be filed without Court permission.

(e) References to the Record. The parties must provide citations in their briefs to the record. The proper format for citations is as follows:

(1) If there is an Appeal Volume and no printed case or the document is not in the printed case, cite to the page in the Appeal Volume where the document is located as follows: AV-28;

(2) If there is a Printed Case, cite to the page in the Printed Case where the document is located as follows: PC-28;

(3) Cite to the page in the transcript or time stamp in audio recording as follows: 5/12/20-TR-52 or 5/1/21-R-21:01.

(f) Briefs in a Case Involving Multiple Appellants or Appellees. In a case involving more than one appellant or appellee, including cases consolidated on appeal, any number of appellants or appellees may join in a brief, and any party may adopt by reference a part of another’s brief. Parties may also join in reply briefs.

(g) Length of Briefs.

(1) Briefs cannot exceed the limits stated in Rule 32(a)(4), except by Court permission.

(2) A request for permission to exceed these limits must specify the number of additional words requested, and must be filed no later than 7 days before the filing deadline for the brief involved.

(h) Citation of Supplemental Authorities. If pertinent and significant authorities come to a party’s attention after the party’s brief has been filed—or after oral argument but before decision—a party may promptly file a letter setting forth the citations, and serve it on all other parties. The letter must state without argument the reasons for the supplemental citations, referring either to the page of the brief or to a point argued orally. Any response must be made promptly and must be similarly limited.