RULE 32. FORM OF BRIEFS, APPENDICES, AND OTHER DOCUMENTS
1 (a) Form of a Brief.
2 (1) Reproduction.
3 (A) A brief must be typewritten, printed, or reproduced by any process that
4 yields a clear black image on white paper. Only one side of a paper may be used.
5 (B) Photographs, illustrations, and tables may be reproduced by any method
6 that results in a good copy of the original. If filed electronically, documents must
7 be submitted in the same form as if submitted by mail, by third-party commercial
8 carrier, i.e. color. Notice to the clerk of the supreme court must be given of
9 anything other than black and white printed documents.
10 (2) Cover. The cover of the appellant's brief must be blue; the appellee's
11 red; an intervenor's or amicus curiae's green; a cross-appellee's and any reply brief
12 gray. Covers of petitions for rehearing must be the same color as the petitioning
13 party's principal brief. If the brief is filed electronically, the supreme court will
14 affix the correct color cover. The front cover of a brief must contain:
15 (A) the number of the case;
16 (B) the name of the court;
17 (C) the title of the case (see Rule 3(d) ) ;
18 (D) the nature of the proceeding (e. g. , Appeal from Summary Judgment)
19 and the name of the court, agency, or board below;
20 (E) the title of the brief, identifying the party or parties for whom the brief is filed;
21 (F) the name, bar identification number, office address, and telephone
22 number of counsel representing the party for whom the brief is filed.
23 (3) Binding. The brief must be bound at the left in a secure manner that
24 does not obscure the text and permits the brief to lie reasonably flat when open. If
25 the brief is filed electronically, the supreme court will bind the brief.
26 (4) Paper Size, Line Spacing, and Margins. The brief must be on 8½ by 11
27 inch paper. Margins must be at least one and one-half inch at the left and at least
28 one inch on all other sides. Pages must be numbered at the bottom, either centered
29 or at the right side.
30 (5) Typeface. Either a proportionally spaced or a monospaced face may be
32 (A) A proportionally spaced face must be 12 point or larger with no more
33 than 16 characters per inch. The text must be double-spaced, except quotations
34 may be single-spaced and indented. Headings and footnotes may be single-spaced
35 and must be in the same typeface as the text.
36 (B) A monospaced face must be a 12-point font having ten characters per
37 inch. The text, including quotations and footnotes, must be double-spaced with no
38 more than 27 lines of type per page. Headings and footnotes must be in the same
39 typeface as the text.
40 (6) Type Styles. A brief must be set in a plain, roman style, although italics
41 or boldface may be used for emphasis. Case names must be italicized or
43 (7) Paragraph Numbers. Paragraphs must be numbered in briefs. Reference
44 to material in any document that contains paragraph numbers must be to the
45 paragraph number.
46 (8) Page and Type-Volume Limitations.
47 (A) Word Limit for Proportional Typeface. If proportionately spaced
48 typeface is used,a principal brief may not exceed 8,000 words, and a reply brief
49 may not exceed 2,000 words, excluding words in the table of contents, the table of
50 citations, and any addendum. Footnotes must be included in the word count.
51 (B) Page Limit for Monospaced Typeface. If monospaced typeface is used,
52 a principal brief may not exceed 32 pages, and a reply brief may not exceed eight
53 pages, excluding the table of contents, the table of citations, and any addendum.
54 (C) Word and Page Limit for N.D.R.Civ.P. 54(b) Certification. If
55 proportionately spaced typeface is used, an argument on the appropriateness of
56 N.D.R.Civ.P. 54(b) certification may not exceed 1,250 words. If monospaced
57 typeface is used, an argument may not exceed five pages. Word and page limits for
58 Rule 54(b) certification are in addition to the limits set forth in (7)(A) and (7)(B).
59 (b) Form of an Appendix. An appendix must comply with Rule 25 and
60 paragraphs (a) (1), (2), (3), and (4), with the following exceptions:
61 (1) the cover of a separately bound appendix must be white;
62 (2) an appendix may include a legible photocopy of any document found in the
or of a printed judicial or agency decision;
64 (3) pages in the appendix must be consecutively numbered;
65 (4) an appendix may be prepared with double sided pages.
66 The appendix must be 8 ½ by 11 inches in size. Documents of a size other
67 than 8 ½ by 11 inches may be included in the appendix but must be folded or
68 placed in a file or folder within the 8 ½ by 11 inch appendix.
69 (c) Form of Other Documents.
70 (1) All paragraphs must be numbered in documents filed with the court
71 except for exhibits, documents prepared before the action was commenced, or
72 documents not prepared by the parties or court. Reference to material in any
73 document that contains paragraph numbers must be to the paragraph number.
74 (2) Motion. Rule 27 governs motion content. The form of all motion
75 documents must comply with the requirements of paragraph (c) (4) below.
76 (3) Petition for Rehearing. Rule 40 governs petition for rehearing content.
77 (4) Other Documents. Any other document must be reproduced in the
78 manner prescribed by subdivision (a) , with the following exceptions:
79 (A) a cover is not necessary if the caption and signature page together
80 contain the information required by subdivision (a); and
81 (B) Paragraph (a) (8) does not apply.
82 (d) Non-compliance. Documents not in compliance with this rule will not
83 be filed.
84 EXPLANATORY NOTE
85 Rule 32 was amended, effective March 1, 1996; amended effective
86 September 11, 1996, subject to comment; final adoption on October 23, 1996;
87 amended effective August 1, 2001; March 1, 2003; March 1, 2007; March 1, 2008;
88 March 1, 2010; March 1, 2013; October 1, 2014; March 1, 2017.
89 Rule 32 was amended, effective September 11, 1996, with respect to the
90 allowable characters per inch with proportionally spaced typeface in subparagraph
91 (a) (5) (A).
92 Rule 32 was revised, effective March 1, 2003, in response to the December
93 1, 1998, amendments to Fed.R.App.P. 32. The language and organization of the
94 rule were changed to make the rule more easily understood and to make style and
95 terminology consistent throughout the rules.
96 Paragraph (a)(2) was amended, effective March 1, 2007, to specify the
97 cover color for a petition for rehearing.
98 Paragraph (a) (3) , effective March 1, 2003, requires a brief to be bound in a
99 secure manner, however, this is not intended to allow staples or slide-lock or
100 slide-grip bindings.
101 Paragraphs (a) (6) and (a) (7) , which include type style requirements and
102 page and type-volume limitations, were adopted, effective March 1, 2003. These
103 limitations were moved to this rule from Rule 28 and generally do not follow the
104 federal format requirements. As used in paragraph (a) (6) , "plain, roman style"
105 does not include italicized, bold, or cursive type-styles.
106 Paragraph (a)(7) was amended, effective March 1, 2013, to decrease the
107 page and type volume allowed in a primary brief and a response brief.
108 Paragraph (a) (7) , effective March 1, 2003, limits the length of a brief. A
109 person may rely on the word or line count of the word-processing system used to
110 prepare the brief.
111 Subparagraph (a)(7)(C) was adopted, effective March 1, 2010, to limit the
112 length of an argument on the appropriateness of N.D.R.Civ.P. 54(b) certification.
113 Subdivision (a) was amended, effective October 1, 2014, to conform the
114 rule to electronic filing.
115 Paragraph (b) (2) was amended, March 1, 2017, to clarify that an appendix
116 may include copies of documents found in the record.
117 Paragraph (b) (3), effective March 1, 2003, provides an exception to the
118 size requirement for odd-sized documents in an appendix. This exception is
119 intended to allow inclusion of technical or other documents, such as maps or
120 charts, which may not be clear or legible if reduced to meet the size requirement.
121 Paragraph (c) (2), was amended, effective March 1, 2008, to transfer length
122 requirements for petitions for rehearing to Rule 40.
123 Subdivision (c) was amended, effective October 1, 2014, to clarify that
124 paragraph numbers are required in all documents submitted to the court unless a
125 specified exception applies.
126 Rule 32 was amended, effective October 1, 2014, to replace "supreme court
127 clerk" with "clerk of the supreme court" and "paper" with "document."
128 SOURCES: Joint Procedure Committee Minutes of January 28-29, 2016,
129 page 8; September 26, 2013, pages 27-28; January 26-27, 2012, pages 8-9;
130 September 30, 2011, pages 11-12; April 28-29, 2011, page 18-20; September
131 24-25, 2009, pages 15-16; April 26-27, 2007, page 18; January 25, 2007, page 19;
132 September 22-23, 2005, page 27; January 24-25, 2002, pages 7-9; September
133 27-28, 2001, pages 23-25; April 26-27, 2001, page 9; April 27-28, 1995, pages
134 15-17; May 25-26, 1978, pages 17-18; January 12-13, 1978, pages 20-22.
135 Fed.R.App.P. 32,3. 13(e) and 3. 31, ABA Standards Relating to Appellate Courts
136 (Approved Draft, 1977).
137 STATUTES AFFECTED:
138 SUPERSEDED: N.D.C.C. § 29-28-19.
139 CROSS REFERENCE: N.D.R.App.P. 27 (Motions) ; N.D.R.App.P. 28
140 (Briefs) ; N.D.R.App.P. 29 (Brief of an Amicus Curiae) ; N.D.R.App.P. 30
141 (Appendix to the Briefs) ; N.D.R.App.P. 40 (Petition for Rehearing).