RULE 32. FORM OF BRIEFS, APPENDICES AND OTHER PAPERS
(a) Form of a Brief.
(A) A brief must be typewritten, printed, or reproduced by any process that yields a clear black image on white paper. Only one side of a paper may be used.
(B) Photographs, illustrations, and tables may be reproduced by any method that results in a good copy of the original.
(2) Cover. The cover of the appellant's brief must be blue; the appellee's red; an intervenor's or amicus curiae's green; a cross-appellee's and any reply brief gray. Covers of petitions for rehearing must be the same color as the petitioning party's principal brief. The front cover of a brief must contain:
(A) the number of the case;
(B) the name of the court;
(C) the title of the case (see Rule 3(d));
(D) the nature of the proceeding (e.g., Appeal from Order Denying Summary Judgment) 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;
(F) the name, bar identification number, office address, and telephone number of counsel representing the party for whom the brief is filed.
(3) Binding. The brief must be bound at the left in a secure manner that does not obscure the text and permits the brief to lie reasonably flat when open.
(4) Paper Size, Line Spacing, and Margins. The brief must be on 81/2 by 11 inch paper. Margins must be at least one and one-half inch at the left and at least one inch on all other sides. Pages must be numbered at the bottom, either centered or at the right side.
(5) Typeface. Either a proportionally spaced or a monospaced face may be used.
(A) A proportionally spaced face must be 12 point or larger with no more than 16 characters per inch. The text must be double-spaced, except quotations may be single-spaced and indented. Headings and footnotes may be single-spaced and must be in the same typeface as the text.
(B) A monospaced face must be a 12-point font having
characters per inch. The text,
including quotations and footnotes, must be double-spaced with no more than 27 lines of
type per page.
(6) Type Styles. A brief must be in a plain, roman style, although italics or boldface may be used for emphasis. Case names must be italicized or underlined.
(7) Page and Type-Volume Limitations.
(A) Word Limit for Proportional Typeface. If proportionately spaced typeface is used, a principal brief may not exceed 10,500 words, and a reply brief may not exceed 2,500 words, excluding words in the table of contents, the table of citations, and any addendum. Footnotes must be included in the word count.
(B) Page Limit for Monospaced Typeface. If monospaced typeface is used, a principal brief
may not exceed 40 pages, and a reply brief may not exceed
pages, excluding the table
of contents, the table of citations, and any addendum.
(b) Form of an Appendix. An appendix must comply with paragraphs (a)(1), (2), (3), and (4), with the following exceptions:
(1) the cover of a separately bound appendix must be white;
(2) an appendix may include a legible photocopy of any document found in the record of a printed judicial or agency decision;
(3) pages in the appendix must be consecutively numbered;
(4) an appendix may be prepared with double sided pages. The appendix must be 81/2 by 11 inches in size. Documents of a size other than 81/2 by 11 inches may be included in the appendix but must be folded or placed in a file or folder within the 81/2 by 11 inch appendix.
(c) Form of Other Papers.
(1) Motion. Rule 27 governs motion content. The form of all motion papers must comply with the requirements of paragraph (c)(3) below.
(2) Petition for Rehearing. Rule 40 governs petition for rehearing content. Petitions for rehearing must comply with the following length requirements:
(A) Word Limit for Proportional Typeface. If proportionately spaced typeface is used, a petition for rehearing may not exceed 2,500 words, excluding words in the table of contents, the table of citations, and any addendum. Footnotes must be included in the word count.
(B) Page Limit for Monospaced Typeface. If monospaced typeface is used, a petition for
rehearing may not exceed
10 ten pages, excluding the table of
contents, the table of citations,
and any addendum.
(3) Other Papers. Any other paper must be reproduced in the manner prescribed by subdivision (a), with the following exceptions:
(A) a cover is not necessary if the caption and signature page together contain the information required by subdivision (a);
(B) Paragraph (a)(7) does not apply.
(d) Non-compliance. Documents not in compliance with this rule will not be filed.
Rule 32 was amended, effective March 1, 1996; amended effective September 11, 1996,
subject to comment; final adoption on October 23, 1996; amended effective
August 1, 2001;
March 1, 2003.
Rule 32 was amended, effective September 11, 1996, with respect to the allowable characters per inch with proportionally spaced typeface in subparagraph (a)(5)(A).
Rule 32 was revised, effective March 1, 2003, in response to the December 1, 1998, amendments to Fed.R.App.P. 32. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Paragraph (a)(3), effective March 1, 2003, requires a brief to be bound in a secure manner, however, this is not intended to allow staples or slide-lock or slide-grip bindings.
Paragraphs (a)(6) and (a)(7), which include type style requirements and page and type-volume limitations, were adopted, effective March 1, 2003. These limitations were moved to this rule from Rule 28 and generally do not follow the federal formal requirements. As used in paragraph (a)(6), "plain, roman style" does not include italicized, bold, or cursive type-styles.
Paragraph (a)(7), effective March 1, 2003, limits the length of a brief. A person may rely on the word or line count of the word-processing system used to prepare the brief.
Paragraph (b)(3), effective March 1, 2003, provides an exception to the size requirement for odd-sized documents in an appendix. This exception is intended to allow inclusion of technical or other documents, such as maps or charts, which may not be clear or legible if reduced to meet the size requirement.
Paragraph (c)(2) effective March 1, 2003, specifies length requirements for petitions for rehearing.
SOURCES: Joint Procedure Committee Minutes of September 22-23, 2005, page 27; January 24-25, 2002, pages 7-9; September 27-28, 2001, pages 23-25; April 26-27, 2001, page 8; April 27-28, 1995, pages 15-17; May 25-26, 1978, pages 17-18; January 12-13, 1978, pages 20-22. Fed.R.App.P. 32, § § 3.13(e) and 3.31, ABA Standards Relating to Appellate Courts (Approved Draft, 1977).
SUPERSEDED: N.D.C.C. § 29-28-19.
CROSS REFERENCE: N.D.R.App.P. 27 (Motions); N.D.R.App.P. 28 (Briefs); N.D.R.App.P. 29 (Brief of an Amicus Curiae); N.D.R.App.P. 30 (Appendix to the Briefs); N.D.R.App.P. 40 (Petition for Rehearing).