Free Brief & Appendix Checklist - Federal

FOURTH CIRCUIT CHECKLIST FOR BRIEFS AND APPENDICES CONTENT OF BRIEFS (FRAP 28, 28.1, 29) Required contents for appellant's opening brief indicated by (A); for appellee's response brief by (E); for reply brief by (R); for amicus brief by (Amicus). Appellee may include other sections if dissatisfied with appellant's statements. Amicus must include Statement of Identity, Interest, and Authority to File immediately following Table of Authorities. On cross-appeals, appellee's opening/response brief must satisfy (A), with exception of statement of case and statement of facts, and appellant's response/reply brief must satisfy (E). Corporate Disclosure Statement, FRAP 28(a)(1), Loc. R. 26.1 Table of Contents, FRAP 28(a)(2) Table of Authorities (alphabetically arranged) with page references to brief, FRAP 28(a)(3) Jurisdictional Statement (bases for subject matter and appellate jurisdiction), FRAP 28(a)(4) Statement of Issues, FRAP 28(a)(5) Statement of Case, FRAP 28(a)(6) Statement of Facts (with references to appendix), FRAP 28(a)(7), Loc. R. 28(f) Summary of Argument, FRAP 28(a)(8) Argument (Appellant must include Standard of Review, preferably under a separate heading, before the Discussion of Issues) FRAP 28(a)(9) Conclusion, stating relief sought, FRAP 28(a)(10) Request for Oral Argument, if counsel requests argument, Loc. R. 34(a) Signature of Counsel, FRAP 32(d) Certificate of Compliance with typeface and length limitations, FRAP 28.1 & 32(a)(7) Certificate of Service, Loc. R. 31(c) FORMAT OF BRIEFS (FRAP 32) Cover, FRAP 32(a)(2) Paper Covers: Appellant-Blue; Appellee-Red; Reply-Gray; Cross-Appeal: First-Blue; Second-Red; Third-Yellow; Fourth-Gray; Intervenor or Amicus: Green; Supplemental: Tan Electronic Covers: White text PDF for all briefs. Fourth Circuit Docket Number, centered at top (do not include district or agency docket number) Heading: United States Court of Appeals for the Fourth Circuit Title of Case (parties' names) Nature of Proceeding and Court Below: Appeal from the U.S. District Court for the District of ... Title of Brief, identifying party for whom brief filed: Brief of Appellant Joe Doe Names, Addresses, Phone Numbers of Counsel participating in preparation of brief Binding down left side is secure and completely penetrates document (e.g., spiral, chesire, perfect), FRAP 32(a)(3) Paper: 8 ½" x 11", light paper with clear black image, FRAP 32(a)(4) 1" Margin on All Sides, FRAP 32(a)(4) Citations are to appendix rather than record. Record citations are disfavored, FRAP 28(e), Loc. R. 30(b) Double-Spaced Text (quotes > 2 lines, headings, & footnotes may be single-spaced, same size font), FRAP 32(a)(4) If a proportional font is used (e.g., CG Times or Times New Roman), font size must be 14 point. If a monospaced font is used (e.g., Courier or Courier New), font size must be 12 point. (A,E,Corp.Amicus) (A,E,R,Amicus) (A,E,R,Amicus) (A) (A) (A) (A) (A,E) (A,E,Amicus) (A) (A,E) (A,E,R,Amicus) (A,E,R,Amicus) (A,E,R,Amicus)

Appellant's Opening Brief, Appellee's Response Brief, Appellant's Response/Reply Brief (excluding Corporate Disclosure Statement, Table of Contents, Table of Authorities, Request for Argument, Addendum, Certificate of Compliance, and Certificate of Service) must not exceed: 30 pages or 14,000 words or 1,300 lines, FRAP 32(a)(7) Appellee's Opening/Response Brief (excluding Corporate Disclosure Statement, Table of Contents, Table of Authorities, Request for Argument, Addendum, Certificate of Compliance, and Certificate of Service) must not exceed: 35 pages or 16,500 words or 1500 lines, FRAP 28.1(e) & 32(a)(7) Appellant's Reply Brief, Appellee's Reply Brief, or Amicus Brief must not exceed: 15 pages or 7,000 words or 650 lines, FRAP 28.1(e), 29(d), 32(a)(7) Required Number of Copies (includes original): 8 if party is not proceeding in forma pauperis; 6 if party is represented by court-appointed counsel; 4 if party is proceeding in forma pauperis without court-appointed counsel; 4 for sealed versions of briefs. Electronic filing is also required for all briefs. Single-sided copying required for briefs. FRAP 32(a)(1)(A), Loc. R. 30(b), Loc. R. 25(c) CONTENT OF APPENDICES (FRAP 30) Appendix must start with detailed Table of Contents, with page numbers; if witness testimony is included, Table of Contents must list name of witness and page on which testimony begins under proceeding in which it occurred; if exhibits are included, they must be listed by number or letter and name or brief description, Loc. R. 30(b) The name of the testifying witness and the type of examination (e.g., direct, cross) must be clearly indicated across the top of each page of the appendix containing in-court or deposition testimony, Loc. R. 30(b) Table of Contents is followed by Docket Sheet; Complaint (civil) or Indictment (criminal); Relevant pleadings, transcripts, opinions, findings; Final order and judgment appealed from; Notice of Appeal, in chronological order; in sentencing appeals, sentencing transcript and sealed volume with presentence report are required, Loc. R. 30(b) FORMAT OF APPENDICES (FRAP 32) Cover, FRAP 32(a)(2) Color: White Fourth Circuit Docket Number, centered at top (do not include district or agency docket number) Heading: United States Court of Appeals for the Fourth Circuit Title of Case (parties' names) Nature of Proceeding and Court Below: Appeal from the U.S. District Court for the District of . . . Title of Document: Joint Appendix Names, Addresses, Phone Numbers of Counsel on both sides of case Binding down left side is secure and completely penetrates document (e.g., spiral, chesire, perfect), FRAP 32(a)(3) No "condensed" transcript, wherein multiple pages of a transcript are included on a single sheet (illegible) In court-appointed cases, appendix may not exceed 250 double-sided sheets without leave of Court, Loc. R. 32(a) Copies: Double-sided copying is required for court-appointed cases and preferred for all appendices, Loc. R. 32(a) Required Number of Copies (includes original-no electronic copy required): 6 if party is not proceeding in forma pauperis; 5 if party is represented by court-appointed counsel; 4 if party is proceeding IFP without court-appointed counsel; 4 for sealed volumes; 4 for exhibit volumes; 4 for immigration cases, FRAP 32(a)(1)(A), Loc. R. 25(c) SEALED MATERIALS (Local Rule 25(c)) Sealed record material segregated from other record material and placed in separate, sealed volume of appendix Two versions of brief must be filed: (i) a complete version (4 copies) under seal with sealed material highlighted; (ii) a public version (6 copies, 5 from court-appointed counsel) with sealed material redacted Cover of sealed volume of appendix or sealed version of brief marked "SEALED" in envelope marked "SEALED" 4 copies of certificate of confidentiality & 4 copies of sealed volumes of appendix or sealed versions of briefs filed Revised 4/16/09