TO: Joint Procedure Committee
FROM: Tom Tudor
RE: Rule 32, N.D.R.App.P.; Form of Briefs, Appendices, and Other Papers
This memo outlines the changes to N.D.R.App.P. 32 which are proposed in response to the December 1, 1998, amendments to Fed.R.App.P. 32. The changes generally track the 1998 amendments to the federal rule, while retaining the current format requirements of Rule 32 and adding additional format requirements previously set out in Rule 28.
The language and organization of the rule are amended to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Paragraph (a)(1) permits the use of "light" paper rather than only "white" paper, and permits using only one side of the paper. (An appendix longer than 50 pages may be prepared with double-sided copies. See Rule 30.) To ensure legibility, the text must be reproduced with a clarity that equals or exceeds the output of a laser printer.
Paragraph (a)(2)(A) adds the requirement that the number of a case be centered at the top of the cover page. Paragraph (a)(2)(F) adds the requirement that counsel's telephone number be included with the counsel's name and address.
Paragraph (a)(3) requires a brief to be bound in a secure manner that does not obscure the text and allows the brief to lie reasonably flat while open. Paragraph (a)(4) requires a margin on all four sides of at least one inch. (Rule 32 currently requires a margin of one and one-half inches at the left.) Paragraph (a)(4) also allows page numbers to be placed in the margins as well as at the bottom of the pages.
The typeface and type style requirements in paragraphs (a)(5) and (6) are taken from Rule 28, as are the page and type-volume limitations in paragraph (a)(7)(A).
Paragraph (a)(7)(B) requires a certificate of compliance, similar to the certificate required under Rule 28, that the brief complies with the type-volume limitations.
Paragraph (c)(1) provides that the form of a motion is governed by Rule 27(d).
Paragraph (c)(2), "Other Papers," requires compliance with paragraph (a)(2), with certain exceptions.