TO: Joint Procedure Committee
FROM: Tom Tudor
RE: Rule 28, N.D.R.App.P.; Briefs
This memo outlines the changes to N.D.R.App.P. 28 which are proposed in response to the December 1, 1998, amendments to Fed.R.App.P. 28. The changes generally track the 1998 amendments to the federal rule.
The language and organization of the rule are amended to make the rule more easily understood and to to make style and terminology consistent throughout the rules. In addition, several substantive changes are made to conform this rule with changes proposed in Rule 32.
The required contents of an appellant's brief are set out with more particularity and in separate paragraphs and subparagraphs.
Paragraphs (1) and (2) are amended to separate the table of contents and the table of authorities into two distinct items.
Paragraphs (5) and (6) require two statements--a statement of the case (the procedural history) and a statement of the facts. The current rule requires the statement of the case to include a statement of the facts.
Paragraph (10) requires a brief to include a certificate of compliance with the type-volume limitations contained in Rule 32(a)(7).
Subdivision (b) is amended to conform the appellee's brief with the appellant's brief, and to expand the items that need not be included unless the appellee is not satisfied with the appellant's statements.
Subdivisions (c) through (f) are expanded somewhat and the requirements are set out with more particularity.
Subdivision (g). Subdivision (g) in the current rule, which requires a certification of compliance by the author of a brief, is deleted. The length limitations are moved to Rule 32.
Subdivision (j). The requirement for a citation of supplemental authorities is new. This amendment, which follows a 1979 amendment to the federal rule, makes provision for calling the court's attention to authorities that come to a party's attention after a brief has been filed or after oral argument but before the court's decision is issued.