Final Order of Adoption Wednesday, October 23, 1996
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
FINAL ORDER OF ADOPTION
Supreme Court No. 960262
Amendments to Rule 32, North Dakota Rules of Appellate Procedure
On September 9, 1996, at the request of the Clerk of the Supreme Court, this Court adopted amendments to Rule 32, North Dakota Rules of Appellate Procedure (NDRAppP), relating to the font size and characters per inch of briefs filed in the Supreme Court. Notice for Comment was disseminated by the Clerk's Office. The comment period expired October 16, 1996. The Court considered the matter, and
ORDERED, that the amendments to Rule 32, NDRAppP, be ADOPTED on a final basis.
Dated at Bismarck, North Dakota, October 23, 1996.
/s/ Gerald W. VandeWalle
Gerald W. VandeWalle, Chief Justice
/s/ Herbert L. Meschke
Herbert L. Meschke, Justice
/s/ William A. Neumann
William A. Neumann, Justice
/s/ Dale V. Sandstrom
Dale V. Sandstrom, Justice
/s/ Mary Muehlen Maring
Mary Muehlen Maring, Justice
ATTEST:
/s/ Penny Miller
Penny Miller, Clerk
North Dakota Supreme Court
RULE 32. FORM OF BRIEFS, APPENDIX AND OTHER PAPERS
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 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 12(a));
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.
EXPLANATORY NOTE
Rule 32 was amended, effective March 1, 1996; amended effective September 11, 1996, subject to comment. The amendments, regarding font and characters per inch for proportional typeface, are technical in nature. Final adoption on October 23, 1996.
SOURCES: Procedure Committee Minutes of April 27-28, 1995, pages 15-17; May 25-26, 1978, pages 17-18; January 12-13, 1978, pages 20-22. Rule 32, FRAppP, 3.13(e) and 3.31, ABA Standards Relating to Appellate Courts (Approved Draft, 1977).
STATUTES AFFECTED:
SUPERSEDED: 29-28-19, NDCC.
CROSS REFERENCE: Rule 27 (motions).