TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: Dec. 30, 2010
RE: Rule 24, N.D.R.App.P., Supplemental Brief of Indigent Defendant; Rule 32, N.D.R.App.P., Form of Briefs, Appendices, and Other Papers; Rule 40, N.D.R.App.P., Petition for Rehearing
During its review of the Committee's annual rules package, the Supreme Court indicated that it would like the Committee to discuss the reduction of page and word volume amounts allowed for appellate briefs. Staff has prepared amendments to Rules 24, 32 and 40 that would reduce the allowed size of briefs consistent with the Court's suggestions. The amendments are attached.
Under the proposals, the size limit for a supplemental brief under Rule 25 would be reduced from 20 to 16 pages; a primary brief under Rule 32 would be cut to 8,000 words (or 32 pages if monospaced type is used); a reply brief under Rule 32 would be limited to 2,000 words (eight pages monospace); and a petition for rehearing under Rule 40 would be cut to 2,000 words (eight pages monospace).