Guide to Brief Preparation
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Local Rule 7 sets out the requirements.
Briefs must be typed and double-spaced.
An original and four copies shall be filed.
The original shall be unbound. Copies should
be bound in a way that allows the brief to lie
reasonably flat when open. Staples may be
used for binding copies.
• Briefs are limited to 30 pages, and a reply brief
is limited to 10 pages, unless the word count
provision is followed.
Guide to Brief Preparation
• Footnotes should be limited to information that
supplements the text, but would otherwise be
distracting in the body of the brief. Citations should
not be placed in footnotes.
• Briefs should minimize use of the terms “appellant”
and “appellee” but should use the parties’ actual
names or descriptive terms (for example, “the injured
person,” “the employer,” or “the administrator”).
• The appendix should, in most cases, only include the
order or judgment appealed. See Local Rule 7(B)(9).
• If a party wants to present oral argument, the request
must be included on the cover of appellant’s opening
brief or on the cover of appellee’s brief. App.R. 21.
Guide to Brief Preparation
This is the cover
page. Local Rule
7(A)(1) describes
what information
should be on the
cover page.
Title of
document and
the name of the
party on whose
behalf the
document is
filed.
Oral argument
request must be
included if party
wants to present
oral argument.
Court of Appeals
case number
Information for
counsel,
including the
name of the party
represented and
registration
number, or if a
party is
unrepresented,
information for
the party.
Guide to Brief Preparation
Appellee’s brief
may omit the
statement of the
issues, statement
of the case, and
statement of the
facts, but must
otherwise comply
with these rules.
If the appellee
includes a
statement of
facts, it is
sufficient to
highlight
differences from
the appellant’s
statement rather
than restating the
same facts.
List the page
on which the
section begins.
Local Rule
7(A)(9)
requires that
the Table of
Contents
include a list of
the items in the
appendix.
Guide to Brief Preparation
All authorities,
including cases,
statutes,
ordinances, and
rules, must be
listed in the
Table of
Authorities.
List all pages
where the
authority is
cited.
Guide to Brief Preparation
Local Rule
7(A)(3) requires a
separate statement
listing the
assignments of
error. An
assignment of
error is a concise
description of a
mistake alleged to
have been made by
the trial court.
Page 1 of the
brief always
begins with the
Statement of the
Assignments of
Error.
Detailed reasons
why the court erred
should not be
included in the
assignment of error.
Many assignments
of error begin with
the phrase “The trial
court erred by ….”
Appellee’s brief
should repeat
appellant’s
assignments of error.
Guide to Brief Preparation
Local Rule
7(A)(4) requires a
list of the issues
presented for
review. The
issues are the
questions that the
Court must
answer to reach a
decision in the
case.
Appendix B to the
Local Rules
explains what the
Court is looking
for in a Statement
of the Issues
Presented.
Guide to Brief Preparation
Local Rule
7(A)(5) requires a
statement of the
case, which tells
how the case
proceeded in the
trial court. Only
events relevant to
the assignment of
error should be
included.
Local Rule 7(A)(5)
requires references to
the record, which
identify the evidence
proving the fact. In
this example, “Tr. at
81” refers to a page
of the trial transcript.
If the appendix
includes a copy of the
item cited, a
reference in the brief
to the location of the
item in the appendix
is required.
Local Rule 7(A)(6)
requires a statement of
the facts, which tells
the facts giving rise to
the action in the trial
court. Only facts
relevant to the
assignments of error
should be included in
the statement of facts.
There must also have
been evidence in the
record to support the
facts.
Guide to Brief Preparation
The statement of
facts should tell a
story relevant to
the assigned errors
rather than provide
a recitation of the
testimony of every
witness, whether
relevant or not.
Local Rule 7(A)(7)
requires the parties
to include a section
explaining the
party’s position
with respect to the
assignments of
error and including
citations to case
law, statutes, and
other authorities
that support the
party’s argument.
Each assignment
of error should be
argued separately.
Local Rule 7(A)(7)
requires the standard
of review to be
included in the
argument.
Guide to Brief Preparation
Block quotes
should be
single-spaced.
Citations to
cases, statutes,
and rules, should
be in the body of
the brief, not in
footnotes.
Case names
should be in
italics or
underlined.
Guide to Brief Preparation
Include
references
to the
record to
support
your
argument.
With the exception
of block quotes
and footnotes, the
text of the brief is
to be doublespaced.
Use party
names or
descriptive
terms rather
than
“appellant”
and
“appellee” in
the brief.
Guide to Brief Preparation
Local Rule
7(A)(8) requires
a conclusion
stating the relief
requested from
the Court of
Appeals.
Appellate Rule
13(D) requires
all documents
filed with the
Court to include
proof of service
stating to whom
the document
has been sent,
how it was sent,
and when. Proof
of service must
be separately
signed.
Guide to Brief Preparation
Local Rule 7(A)(9)
requires an
appendix that
includes copies of
the final judgment
entry of the trial
court and any
orders relevant to
the assignments of
error, including
findings of fact and
conclusions of law
and magistrate
reports.
Copies of cases,
statutes, rules,
regulations,
ordinances, and
constitutional
provisions should
not be included in
the appendix.
Local Rule
7(A)(9) requires
the pages of the
appendix to be
sequentially
numbered.
Numbering
should begin with
page one and
continue
sequentially
through the last
page in the
appendix, for
example, A-1, A2, etc.
Brief Preparation – Frequent Questions
• An original and four copies of each brief must
be filed. The original should be unbound to
allow for it to be scanned.
• A brief is limited to 30 pages, or 10 pages for a
reply brief, unless it meets the requirements of
the word count provision contained in the
Court’s Local Rules.
• A copy of the order appealed must be included
in the appendix attached to the brief.
Brief Preparation – Frequent Questions
• Only the order appealed, and related
magistrate decisions or findings of fact are
permitted in the appendix.
• Tabs and dividers should not be used in the
appendix.
• Plastic or colored covers are not required and
should not be used.
• Briefs must include citations to the record.
Brief Preparation – Frequent Questions
• Relevant cases, statutes, and rules should be
cited in the brief. A Notice of Supplemental
Authority should be filed only to bring to the
Court’s attention cases decided after the brief
was filed.
• Use party names or descriptive labels instead
of “appellant” or “plaintiff.”
• Please use spell check.
Guide to Brief Preparation
The end.