RULE 32. FORM OF BRIEFS,
THE APPENDIX APPENDICES, AND OTHER PAPERS All papers filed in the supreme court must be typewritten, printed, or reproduced by a process that produces a clear black image on white paper. Pages must be 8 ½ by 11 inches. Proportionately spaced typeface or monospaced typeface may be used which conforms to the following specifications: 1. If proportional spacing is used, the typeface must be no smaller than a 12 point font with no more than 16 characters per inch. The text must be double-spaced, except quotations may be single-spaced and indented. Footnotes may be single-spaced and must be in the same typeface as the text of the brief. 2. If monospaced typeface is used, the typeface must be a 12 point font having 10 characters per inch. The text, including quotations, and footnotes must be double-spaced with no more than 27 lines of type per page. Margins must be at least one and one-half inch at the left and at least one inch on all other sides. Briefs, appendices, and petitions for rehearing must be bound separately at the left-margin; but not with staples, slide-lock or slide-grip bindings. All pages must be numbered at the bottom. Copies of papers reproduced in the appendix may be informally renumbered if necessary. Carbon copies will not be accepted.
(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.
The cover of the appellant's brief must be blue; the appellee's and cross-appellant's brief, red; an intervenor's or amicus curiae brief, green; a cross-appellee's and any reply brief, gray. The cover of the appendix must be white. Covers of petitions for rehearing must be the same color as the principal brief. The front covers of the briefs, appendices, and petitions for rehearing, must contain: 1. the name of the court and the number of the case; 2. the title of the case (see Rule 3(d)); 3. the nature of the proceeding below (e.g., Appeal from Order Denying Summary Judgment), and the name of the court, agency, or board below; 4. the title of the document (e.g., Brief for Appellant, Appendix); and 5. the names and addresses of counsel representing the party on whose behalf the document is filed.
(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. 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 8½ 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 10 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 set in a plain, roman style, although italics or boldface may be used for emphasis. Case names must be italicized or underlined.
(A) Page and Type-volume Limitations.
(i) 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, any addendum, and any certificates of counsel. Footnotes must be included in the word count.
(ii) 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 10 pages, excluding the table of contents, the table of citations, any addendum, and any certificates of counsel.
(B) Certificate of Compliance. A brief must include a certificate by the attorney, or by an unrepresented party, that the brief complies with the type-volume limitation.
(b) Form of an Appendix. An appendix must comply with Rule 32(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 or of a printed judicial or agency decision.
(3) The appendix must be 8 ½ by 11 inches in size. Documents of a size other than 8 ½ by 11 inches may be included in the appendix but must be folded or placed in a file or folder within the 8 ½ by 11 inch appendix.
(4) Pages in the appendix must be numbered consecutively. Copies of papers reproduced in the appendix may be informally renumbered if necessary.
All other papers addressed to the court must contain a caption setting forth the name of the court, the title of the case, the file number, and a brief descriptive title indicating the purpose of the paper. Consecutive sheets must be attached at the left margin. Papers not in compliance with this rule will not be filed.
(c) Form of Other Papers.
(1) Motion. The form of a motion is governed by Rule 27(d).
(2) Petition for Rehearing. The form of a petition for rehearing is governed by Rule 40(b).
(3) Other Papers. Any other paper must be reproduced in the manner prescribed by Rule 32(a), with the following exceptions:
(A) A cover is not necessary if the caption and signature page together contain the
information required by Rule 32(a).
(B) Rule 32(a)(7) does not apply.
(d) Non-compliance. Documents not in compliance with Rule 32 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
. The amendments, regarding font and characters per inch for proportional typeface, are technical in nature. Final adoption on October 23, 1996. Amended; amended effective, August 1, 2001; .
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 _____________________, 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 , 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 . These limitations were moved to this rule from Rule 28 and generally do not follow the federal format requirements. As used in paragraph (a)(6), "plain, roman style" does not include italicized, bold, or cursive type-styles.
Subparagraph (a)(7)(B), effective , requires a certificate of compliance with the type-volume limitations of this rule. The person preparing the certificate may rely on the word or line count of the word-processing system used to prepare the brief. The certificate must state either (i) the number of words in the brief, or (ii) the number of pages in the brief.
Paragraph (b)(3), effective , 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.
SOURCES: Joint Procedure Committee Minutes of ; 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.