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RULE 32. FORM OF BRIEFS, THE APPENDIX AND OTHER PAPERS

Effective Date: 8/1/2001

Obsolete Date: 3/1/2003

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 1/2 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.

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.

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.

Rule 32 was amended, effective March 1, 1996; amended effective September 11, 1996, subject to comment; final adoption on October 23, 1996; amended effective August 1, 2001; March 1, 2003; March 1, 2007; March 1, 2008; March 1, 2010; March 1, 2013; October 1, 2014; March 1, 2017; March 1, 2018; March 1, 2019; March 1, 2022.

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 March 1, 2003, 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)(2) was amended, effective March 1, 2007, to specify the cover color for a petition for rehearing.

Paragraph (a)(3) , effective March 1, 2003, 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 March 1, 2003. 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 includeitalicized, bold, or cursive type-styles.

Paragraph (a)(7) was amended, effective March 1, 2018, to specify that paragraphs must be numbered using arabic numerals.

Paragraph (a)(8) was amended, effective March 1, 2013, to decrease the page and type volume allowed in a primary brief and a response brief.

Paragraph (a)(8) was amended, effective March 1, 2019, to use only page counts for filings.

Paragraph (a)(8), effective March 1, 2003, limits the length of a brief. A person may rely on the word or line count of the word-processing system used to prepare the brief.

Subparagraph (a)(8)(C) was adopted, effective March 1, 2010, to limit the length of an argument on the appropriateness of N.D.R.Civ.P. 54(b) certification.

Subdivision (a) was amended, effective October 1, 2014, to conform the rule to electronic filing.

Paragraph (b)(2), was amended, effective March 1, 2008, to transfer length requirements for petitions for rehearing to Rule 40.

Subdivision (b) was amended, effective October 1, 2014, to clarify that paragraph numbers are required in all documents submitted to the court unless a specified exception applies.

Subdivision (d) was amended, effective March 1, 2019, to require certification of the page count by filers.

Rule 32 was amended, effective October 1, 2014, to replace "supreme court clerk" with "clerk of the supreme court" and "paper" with "document."

Rule 32 was amended, effective March 1, 2022, to remove references to the appendix and retitle the rule.

SOURCES: Joint Procedure Committee Minutes of September 30, 2021, pages 2-9; January 26-27, 2017, page 30; January 28-29, 2016, page 8; September 26, 2013, pages 27-28; January 26-27, 2012, pages 8-9; September 30, 2011, pages 11-12; April 28-29, 2011, page 18-20; September 24-25, 2009, pages 15-16; April 26-27, 2007, page 18; January 25, 2007, page 19; September 22-23, 2005, page 27; January 24-25, 2002, pages 7-9; September 27-28, 2001, pages 23-25; April 26-27, 2001, page 9; 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).

STATUTES AFFECTED:

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 (References to the Record) ; N.D.R.App.P. 40 (Petition for Rehearing).

Effective Date Obsolete Date
03/01/2022 View
03/01/2019 03/01/2022 View
03/01/2018 03/01/2019 View
03/01/2017 03/01/2018 View
10/01/2014 03/01/2017 View
03/01/2013 10/01/2014 View
03/01/2010 03/01/2013 View
03/01/2008 03/01/2010 View
03/01/2007 03/01/2008 View
03/01/2003 03/01/2007 View
08/01/2001 03/01/2003 View
09/11/1996 08/01/2001 View
03/01/1996 09/11/1996 View