Rule 24. Briefs on the Merits: In General
- 1. A brief on the merits for a petitioner or an appellant shall comply
in all respects with Rules 33.1 and 34 and
shall contain in the order here indicated:
- (a) The questions presented for review under Rule
14.1(a). The questions shall be set out on the first page following
the cover, and no other information may appear on that page. The
phrasing of the questions presented need not be identical with that
in the petition for a writ of certiorari or the jurisdictional statement,
but the brief may not raise additional questions or change the substance
of the questions already presented in those documents. At its option,
however, the Court may consider a plain error not among the questions
presented but evident from the record and otherwise within its jurisdiction
to decide.
- (b) A list of all parties to the proceeding in the court whose judgment
is under review (unless the caption of the case in this Court contains
the names of all parties). Any amended list of parent companies and
nonwholly owned subsidiaries as required by Rule
29.6 shall be placed here.
- (c) If the brief exceeds five pages, a table of contents and a table
of cited authorities.
- (d) Citations of the official and unofficial reports of the opinions
and orders entered in the case by courts and administrative agencies.
- (e) A concise statement of the basis for jurisdiction in this Court,
including the statutory provisions and time factors on which jurisdiction
rests.
- (f) The constitutional provisions, treaties, statutes, ordinances,
and regulations involved in the case, set out verbatim with appropriate
citation. If the provisions involved are lengthy, their citation alone
suffices at this point, and their pertinent text, if not already set
out in the petition for a writ of certiorari, jurisdictional statement,
or an appendix to either document, shall be set out in an appendix
to the brief.
- (g) A concise statement of the case, setting out the facts material
to the consideration of the questions presented, with appropriate references
to the joint appendix, e. g., App. 12, or to the record, e.
g., Record 12.
- (h) A summary of the argument, suitably paragraphed. The summary
should be a clear and concise condensation of the argument made in
the body of the brief; mere repetition of the headings under which
the argument is arranged is not sufficient.
- (i) The argument, exhibiting clearly the points of fact and of law
presented and citing the authorities and statutes relied on.
- (j) A conclusion specifying with particularity the relief the party
seeks.
- 2. A brief on the merits for a respondent or an appellee shall conform
to the foregoing requirements, except that items required by subparagraphs
1(a), (b), (d), (e), (f), and (g) of this Rule need not be included unless
the respondent or appellee is dissatisfied with their presentation by the
opposing party.
- 3. A brief on the merits may not exceed the word limitations specified
in Rule 33.1(g). An appendix to a brief may include
only relevant material, and counsel are cautioned not to include in an appendix
arguments or citations that properly belong in the body of the brief.
- 4. A reply brief shall conform to those portions of this Rule applicable
to the brief for a respondent or an appellee, but, if appropriately divided
by topical headings, need not contain a summary of the argument.
- 5. A reference to the joint appendix or to the record set out in any brief
shall indicate the appropriate page number. If the reference is to an exhibit,
the page numbers at which the exhibit appears, at which it was offered in
evidence, and at which it was ruled on by the judge shall be indicated, e.
g., Pl. Exh. 14, Record 199, 2134.
- 6. A brief shall be concise, logically arranged with proper headings, and
free of irrelevant, immaterial, or scandalous matter. The Court may disregard
or strike a brief that does not comply with this paragraph.
