Copyright 1995-1999 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
(a) Filing and Serving Briefs.
(1) Time for Serving and Filing Briefs. The appellant shall serve and file the appellant's brief within 30 days after service of the notice of the due date for appellant's brief, issued pursuant to Rule 210(f). The appellee shall serve and file the appellee's brief within 30 days after service of the brief of the appellant. The appellant may serve and file a reply brief within 20 days after service of the brief of the appellee. In cases involving multiple appellants or appellees who are filing separate briefs, including parties who are deemed to be co-parties under Rule 210(c)(1)(C), the time for filing these briefs shall be extended by 10 days if the parties are preparing excerpts of record in order to allow compliance with Rule 210(c)(1)(B).
(2) Number of Copies. On or before the date a party's brief is due, the party shall file with the clerk one original of the brief, printed or written on one side of the page, together with proof of service on all parties. The brief will be reviewed for compliance with (b) of this rule and returned to counsel for duplication and binding. Within ten days after the clerk returns the brief, the party shall serve two bound copies on each party and shall file with the clerk fifteen bound copies in a civil appeal or thirteen bound copies in a criminal appeal. The clerk may specify a different number of copies than required by this rule. Bound copies must be printed or written on both sides of the paper and firmly bound in at least two places along the left margin, with a suitable cover consisting of heavy paper in the color indicated:
· brief of appellant - ivory;
· brief of appellee - blue;
· reply - green; and
· brief of intervenor or amicus curiae - red.
(b) Form. The form of a brief is governed by Rule 513.5(b)(1)-(5) and (c) and by this rule. The front cover of a brief must contain: (1) the name of the court and the number of the case; (2) the title of the case; (3) the nature of the proceeding (e.g., appeal, petition for review); (4) the name of the court or agency below, the name of the individual who rendered the decision below, and the case number below; (5) the title of the document (e.g., brief of appellant); and (6) the names, addresses, telephone numbers, and bar numbers of counsel for the party concerned and the name of the law firm or organization with whom counsel is affiliated. In criminal cases, the front cover must also include a certificate indicating whether the brief contains information that is confidential under AS 12.61.100 through 12.61.150. The administrative director shall specify the form and content of the certificate.
(c) Substantive Requirements.
(1) Brief of Appellant. The brief of the appellant shall contain the following items under appropriate headings and in the order here indicated:
[a] A table of contents, including the titles and subtitles of all arguments, with page references.
[b] A table of cases alphabetically arranged, statutes, and other authorities cited, with references to the pages of the brief where they are cited.
[c] The constitutional provisions, statutes, court rules, ordinances, and regulations principally relied upon, set out verbatim or their pertinent provisions appropriately summarized.
[d] A jurisdictional statement of the date on which judgment was entered and of the legal authority of the appellate court to consider the appeal.
[e] A list of all parties to the case, without using "et al.," or any similar indication, unless the caption of the case on the cover of the brief contains the names of all parties. This list may be contained in a footnote.
[f] A statement of the issues presented for review. In cases of cross-appeal the cross-appellant may present a statement of the issues presented for review which would require determination if the case is to be reversed and remanded for further proceedings in the trial court. In the event that the decision is affirmed on the appeal, such issues on the cross-appeal may be deemed waived by the appellate court.
[g] A statement of the case. The statement shall first contain a statement of the facts relevant to the issues presented for review with appropriate references to the record (see paragraph (8)). There shall follow a concise statement of the course of proceedings in, and the decision of, the trial court.
[h] A discussion of the applicable standard of review. (If the brief concerns several issues with different standards of review, the discussion of each issue should be preceded by a discussion of the standard of review applicable to that issue).
[i] Argument. The argument may be preceded by a summary. The argument shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes and parts of the record relied on. Each major contention shall be preceded by a heading indicating the subject matter. (See paragraph (8) of this subsection concerning references to the record.)
[j] A short conclusion stating the precise relief sought.
[k] If the appeal concerns a property division in a divorce case, an appendix consisting of a table listing all assets and liabilities of the parties as reflected in the record, including the trial court's findings as to the nature (marital or individual), value and disposition of each asset or liability.
(2) Brief of Appellee. The brief of the appellee shall conform to the requirements of subdivisions (1)[a] through (1)[j] except that a statement of jurisdiction, the issues or the case need not be made unless the appellee is dissatisfied with the statement of the appellant, and a list of all parties need not be included.
(3) Reply Brief. The appellant may file a brief in reply to the brief of the appellee. This brief may raise no contentions not previously raised in either the appellant's or appellee's briefs. If the appellee has cross-appealed and has not filed a single brief under (c)(6)of this rule, the appellee may file a brief in reply to the response of the appellant to the issues presented by the cross-appeal. No further briefs may be filed except with leave of the court.
(4) Length. Exclusive of appendices, the appellant's and appellee's briefs may not exceed 50 numbered pages each. Numbered pages for purposes of this paragraph begin with the jurisdictional statement required by (c)(1) [d] of this rule. The appellant's reply brief may not exceed 20 pages. A motion for leave to file a brief longer than permitted by this paragraph must be accompanied by a copy of the over-length brief proposed to be filed.
(5) Brief in Cases of Multiple Parties. In cases involving more than one appellant or appellee, including cases consolidated for purposes of the appeal, any number of either may join in a single brief, and any appellant or appellee may adopt by reference any part of the brief of another.
(6) Briefs in Cases Involving Cross-Appeals.
[a] Cross-Appellant. An appellee who is also a cross-appellant may elect to file a single brief that both discusses the appellee's claims of error and answers the original appellant. Such a single brief shall be filed on the date the appellee's brief is due. It shall be divided into two sections: the first section shall contain the issues and arguments involved in the cross-appeal and shall be prepared in accordance with (c)(1) of this rule; the second section shall contain the answer to the brief of the appellant and shall be prepared in accordance with (c)(2) of this rule. The single brief may not exceed 50 numbered pages. If the cross-appellant elects to file a single brief, the right to file a reply brief to the answer to the cross-appeal is waived. If the cross-appellant does not elect to file a single brief, the schedule and form for filing briefs in the cross-appeal shall be in accordance with the procedures for an original appeal.
[b] Cross-Appellee. If the cross-appellant files a single brief, the appellant, as cross-appellee, may reply thereto in a separate section of the appellant's reply brief. The combined brief may not exceed 50 numbered pages and must be filed within 30 days of the cross-appellant's single brief.
(7) References in Briefs and in Oral Arguments to Parties. In briefs and oral arguments, counsel are expected to minimize references to parties by such designations as "appellant" and "appellee." It promotes clarity to use the designations used in the trial court or in the agency proceedings, or the actual names of parties, or descriptive terms such as"the employee," the "injured person," "the taxpayer," and so forth.
(8) References in Briefs to the Record.
[a] References in Cases in Which Excerpts are Prepared. References in the briefs to parts of the record reproduced in an excerpt shall be to the pages of the excerpt at which those parts appear. The form for references to pages of the excerpt is [Exc. ____]. Briefs may reference parts of the record not reproduced in an excerpt. The form for references to pages of the transcript is [Tr. ___] and to pages of the trial court file is [R. ___].
[b] References in Cases in Which Excerpts are Waived. If the preparation of excerpts has been waived, the briefs shall refer to specific pages of the transcript or the trial court file. The form for references to pages to the transcript is [Tr. ___] and to pages of the trial court file is [R. ____].
[c] References to be Included. If reference is made to evidence of which the admissibility is in controversy, reference shall be made to the pages of the transcript at which the evidence was identified, offered, and received or rejected. Appellant's brief shall indicate the pages of the record where each point on appeal was raised in the trial court. If the point on appeal was not raised in the trial court, the brief shall explain why the point is raised for the first time on appeal. Failure to comply with the requirements of this paragraph may result in return of the brief as provided in paragraph 11 of this subdivision.
(9) Brief of an Amicus Curiae. A brief of an amicus curiae maybe filed only if accompanied by written consent of all the parties, or by leave of the appellate court granted on motion, or at the request of the appellate court. The brief may be conditionally filed with the motion for leave. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. Unless all parties otherwise consent, any amicus curiae shall file its brief within the time allowed to the party whose position as to affirmance or reversal the amicus brief will support, unless the court for cause shown shall grant leave for later filing, in which event it shall specify within what period an opposing party may answer. The brief shall be in the form prescribed by this rule and shall be duplicated and served pursuant to the requirements of Rule 212(a)(2). A motion of an amicus curiae to participate in the oral argument will be granted only for extraordinary reasons.
(10)00Failure to File Brief. When the appellant's opening brief is not filed as required, Rule 511.5 shall apply. When the appellee's brief is not filed as required, appellee will not be heard at oral argument except on consent of the appellant, or by request of the court.
(11)00Defective Briefs. When a brief fails to comply with the requirements of these rules, the appellate court, on application of any party or on its own motion, and with or without notice as it may determine appropriate, may:
[a] Order the brief to be returned to counsel for correction by interlineation, cancellation, revisions or replacement in whole or in part, and to be refiled with the clerk within a time specified in the order; or
[b] Order the brief stricken from the files, with leave to file a new brief within a specified time; or
[c] Disregard defects and consider the brief as if it were properly prepared.
The authority to return briefs under this section may be exercised by the clerk of court pursuant to Rule 102 (f).
(12)00Citation of Supplemental Authorities. When pertinent authorities come to the attention of a party after the party's brief has been filed, or after oral argument but before decision, the party may promptly advise the clerk of the court, by letter, with a copy to adversary counsel, setting forth the citations.
There shall be a reference either to the page of the brief or to a point argued orally to which the citations pertain, but the letter shall contain no argument or explanations. Any response shall be made promptly and shall be similarly limited.
(SCO 439 effective November 15, 1980; amended by SCO 510 effective August 30, 1982; by SCO 727 effective December 15, 1986; by SCO 737 effective December 15, 1986; by SCO 769 effective March 15, 1987; by SCO 861 effective July 15, 1988; by SCO 868 effective July 15, 1988; by SCO 925 effective January 15, 1989; by SCO 1020 effective July 15, 1990; by SCO 1091 effective July 15, 1992; by SCO 1120 effective July 15, 1993; by SCO 1153 effective July 15, 1994; by SCO 1155 effective July 15, 1994; by SCO 1157 effective July 15, 1994; by SCO 1210 effective July 15, 1995; and by SCO 1279 effective July 31, 1997)
NOTE: In 1997 the legislature enacted AS 18.16.030(j), which specifies the procedure for appeal of an order denying a petition to bypass parental consent to an abortion. According to ch. 14, § 8 SLA 1997, AS 18.16.030(j) has the effect of amending Appellate Rules 204, 210, 212, and 213 by establishing specific time limits applicable to certain appeals and by instructing the supreme court to modify or dispense with formal requirements applicable to certain briefs. Instead of amending individual rules to implement AS 18.16.030, the supreme court has adopted a separate rule on judicial bypass appeals. See Appellate Rule 220.
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
