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