TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: December 29, 2011
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
At its April and October 2011 meetings, the Committee looked at the Supreme Court's suggestion that page and word limits be reduced for appellate briefs.
The Court suggested that the 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).
The Committee discussed these proposals in October and voted 8-5 to recommend their adoption to the Court. Because the proposals were supported by less than two-thirds of the members present, they are back for additional discussion.
The proposed amendments to Rules 24, 32 and 40 are attached.