Current through Register Vol. 54, No. 42, October 19, 2024
Rule 2135 - Length of Briefs(a)General Rule. Unless otherwise ordered by an appellate court: (1) A principal brief shall not exceed 14,000 words and a reply brief shall not exceed 7,000 words, except as stated in subdivisions (a)(2)-(a)(4). A party shall file a certificate of compliance with the word count limit if the principal brief is longer than 30 pages or the reply brief is longer than 15 pages when prepared on a word processor or typewriter.(2) In cross-appeals, the brief of the designated appellee required by Pa.R.A.P. 2136(b)(2) and the brief of the designated appellant required by Pa.R.A.P. 2136(b)(3) shall not exceed 16,500 words. A party shall file a certificate of compliance if the brief is longer than 35 pages when produced on a word processor or typewriter.(3) In capital direct appeals, the principal brief shall not exceed 17,500 words and a reply brief shall not exceed 8,500 words. A party shall file a certificate of compliance if the principal brief is longer than 38 pages or the reply brief is longer than 19 pages when prepared on a word processor or typewriter.(4) In the first Capital Post-Conviction Relief Act appeal, the principal brief shall not exceed 22,500 words and a reply brief shall not exceed 11,250 words. A party shall file a certificate of compliance if the principal brief is longer than 49 pages or the reply brief is longer than 24 pages when prepared on a word processor or typewriter. (b)Supplementary Matters. Supplementary matters, such as, the cover of the brief and pages containing the table of contents, tables of citations, proof of service, and any addendum containing opinions, signature blocks or any other similar supplementary matter provided for by these rules shall not count against the word count limitations set forth in subdivision (a).(c)Size and Other Physical Characteristics. Size and other physical characteristics of briefs shall comply with Pa.R.A.P. 124.(d)Certificate of Compliance. Any brief in excess of the stated page limits shall include a certification that the brief complies with the word count limits. The certificate may be based on the word count of the word processing system used to prepare the brief. Comment:
A principal brief is any party's initial brief. In a cross-appeal, the designated appellant's brief required by Pa.R.A.P. 2136(b)(3) is the principal brief. See Pa.R.A.P. 2136. Reply briefs permitted by Pa.R.A.P. 2113 and any subsequent brief permitted by leave of court are subject to the word count limit or page limit set by this rule.
A party filing a certificate of compliance under this rule may rely on the word count of the word processing system used to prepare the brief.
Each appellate court has the option of reducing the word count for a brief, either by general rule, see Chapter 33 (Business of the Supreme Court), Chapter 35 (Business of the Superior Court), and Chapter 37 (Business of the Commonwealth Court), or by order in a particular case.
The provisions of this Rule 2135 amended December 30, 1987, effective 1/16/1988 and shall govern all matters thereafter commenced and, insofar as just and practicable, matters then pending, 18 Pa.B. 245; amended May 16, 2003, effective 60 days after adoption, 33 Pa.B. 2586; amended March 27, 2013, effective and applies to all appeals and petitions for review filed 60 days after adoption, 43 Pa.B. 2007; amended December 30, 2014, effective in 60 days, 45 Pa.B. 290.Amended by Pennsylvania Bulletin, Vol 54, No. 31. August 3, 2024, effective 8/3/2024Rule 2135 as printed in 210 Pa. Code reads "Official Note" rather than "Note."