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TITLE 38 App. > RULES > Rule 28

Rule 28. Briefs

(a) Appellant’s Brief. The appellant must file a brief which, unless the appellant is self-represented and submits an informal brief pursuant to subsection (i), must contain, in the following order, the appropriate division headings and the following separate divisions:
(1) A table of contents, with page references;
(2) a table of cases (alphabetically listed), statutes, and other authorities cited, with references to the page of the brief where they are cited, unless the case is expedited under Rule 47;
(3) a statement of the issues;
(4) a statement of the case, showing briefly the nature of the case, the course of proceedings, the result below, and the facts relevant to the issues, with appropriate references to the record on appeal;
(5) an argument, beginning with a summary and containing the appellant’s contentions with respect to the issues and the reasons for those contentions, with citations to the authorities and parts of the record on appeal relied on; and
(6) a short conclusion stating the precise relief sought.
(b) Secretary’s Brief.
(1) Content. The Secretary must file a brief, which must conform to the requirements of subsection (a), but a statement of the issues or of the case need not be made unless the Secretary is dissatisfied with the appellant’s statement.
(2) Confession of error. If the Secretary wishes to confess error as to any issue or issues raised by the appellant, but not as to all the issues raised, and the relief that the Secretary deems appropriate as to the confession of error is different from that sought by the appellant, the Secretary must include a statement of concession in the brief and identify the relief thereunder that the Secretary considers appropriate.
(c) Reply Brief. The appellant may file a brief in reply to the Secretary’s brief.
(d) Other Briefs. Briefs may be filed by intervenors as directed by the Court. No briefs other than those described in this rule may be filed except with the Court’s permission.
(e) Motions Prohibited. After the initial notice to file a brief has been issued to the appellant (see Rule 11 (a)(3)), a motion, other than a joint motion for remand or termination, will not be accepted from any party in lieu of a brief required by subsections (a) through (c). A motion may not be included as part of any brief; the Court will not act on any motion so included. The Clerk will return any motion that violates this subsection.
(f) References to the Record. References in the briefs to the record on appeal must be to the pages as transmitted by the Secretary. Commonly understood abbreviations may be used.
(g) Reproduction of Materials. If determination of the issues requires consideration of superseded statutes, rules, or regulations, or unpublished authorities, relevant parts must be reproduced in the brief or in an appendix. Documents in the record on appeal may not be reproduced in or attached to the brief.
(h) Multiple Appellants. In cases involving more than one appellant, including consolidated cases, any number of appellants may join in a single brief, and any appellant may adopt by reference any part of the brief of another. Appellants may similarly join in reply briefs.
(i) Brief of Self-represented Party. Only a self-represented party may submit, without regard to the requirements of subsection (a) and Rule 32, an informal brief on the form provided by the Court.

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