As amended through October 6, 2021
Rule 46 - Arrangement and Contents of Briefs(A) Appellant's Brief. The appellant's brief shall contain the following sections under separate headings and in the following order: (1) Table of Contents. The table of contents shall list each section of the brief, including the headings and subheadings of each section and the page on which they begin.(2) Table of Authorities. The table of authorities shall list each case, statute, rule, and other authority cited in the brief, with references to each page on which it is cited. The authorities shall be listed alphabetically or numerically, as applicable.(3) Statement of Supreme Court Jurisdiction. When an appeal is taken directly to the Supreme Court, the brief shall include a brief statement of the Supreme Court's jurisdiction to hear the direct appeal.(4) Statement of Issues. This statement shall concisely and particularly describe each issue presented for review.(5) Statement of Case. This statement shall briefly describe the nature of the case, the course of the proceedings relevant to the issues presented for review, and the disposition of these issues by the trial court or Administrative Agency. Page references to the Record on Appeal or Appendix are required in accordance with Rule 22(C).(6) Statement of Facts. This statement shall describe the facts relevant to the issues presented for review but need not repeat what is in the statement of the case. (a) The facts shall be supported by page references to the Record on Appeal or Appendix in accordance with Rule 22(C).(b) The facts shall be stated in accordance with the standard of review appropriate to the judgment or order being appealed.(c) The statement shall be in narrative form and shall not be a witness by witness summary of the testimony.(d) In an appeal challenging a ruling on a post-conviction relief petition, the statement may focus on facts from the post-conviction relief proceeding rather than on facts relating to the criminal conviction.(7) Summary of Argument. The summary should contain a succinct, clear, and accurate statement of the arguments made in the body of the brief. It should not be a mere repetition of the argument headings.(8) Argument. This section shall contain the appellant's contentions why the trial court or Administrative Agency committed reversible error. (a) The argument must contain the contentions of the appellant on the issues presented, supported by cogent reasoning. Each contention must be supported by citations to the authorities, statutes, and the Appendix or parts of the Record on Appeal relied on, in accordance with Rule 22.(b) The argument must include for each issue a concise statement of the applicable standard of review; this statement may appear in the discussion of each issue or under a separate heading placed before the discussion of the issues. In addition, the argument must include a brief statement of the procedural and substantive facts necessary for consideration of the issues presented on appeal, including a statement of how the issues relevant to the appeal were raised and resolved by any Administrative Agency or trial court.(c) Each argument shall have an argument heading. If substantially the same issue is raised by more than one asserted error, they may be grouped and supported by one argument.(d) If the admissibility of evidence is in dispute, citation shall be made to the pages of the Transcript where the evidence was identified, offered, and received or rejected, in conformity with Rule 22(C).(e) When error is predicated on the giving or refusing of any instruction, the instruction shall be set out verbatim in the argument section of the brief with the verbatim objections, if any, made thereto.(9) Conclusion. The conclusion shall include a precise statement of the relief sought and the signature of the attorney and pro se party.(10) Word Count Certificate (if necessary). See Rule 44(F).(11) Certificate of Service. See Rule 24(D).(12) Appealed Judgment or Order. Any appealed judgment or order (including any written opinion, memorandum of decision or findings of fact and conclusions thereon relating to the issues raised on appeal) shall be submitted with the brief as a separate attachment. These documents shall be contained within conventionally filed briefs.(B) Appellee's Brief. The appellee's brief shall conform to Section A of this Rule, except as follows: (1) Agreement with Appellant's Statements. The appellee's brief may omit the statement of Supreme Court jurisdiction, the statement of issues, the statement of the case, and the statement of facts if the appellee agrees with the statements in the appellant's brief. If any of these statements is omitted, the brief shall state that the appellee agrees with the appellant's statements.(2) Argument. The argument shall address the contentions raised in the appellant's argument.(3) Rule 46(A)(12). Items listed in Rule 46(A)(12) may be omitted.(C) Appellant's Reply Brief. The appellant may file a reply brief responding to the appellee's argument. No new issues shall be raised in the reply brief. The reply brief shall contain a table of contents, table of authorities, summary of argument, argument, conclusion, word count certificate, if needed, and certificate of service. See Rule 24(D).(D) Cross-Appeals. (1) Designation of Parties in Cross-Appeals. When both parties have filed a Notice of Appeal, the plaintiff in the trial court or Administrative Agency shall be deemed the appellant for the purpose of this Rule, unless the parties otherwise agree or the court otherwise orders. When only one party has filed a Notice of Appeal, that party is the appellant, even if another party raises issues on cross-appeal.(2) Appellee's Brief. The appellee's brief shall contain any contentions the appellee raises on cross-appeal as to why the trial court or Administrative Agency committed reversible error.(3) Appellant's Reply Brief. The appellant's reply brief shall address the arguments raised on cross-appeal.(4) Cross-Appellant's Reply Brief. The cross-appellant's reply brief may only respond to that part of the appellant's reply brief addressing the appellee's cross-appeal.(5) Scope of Reply Briefs. No new issues shall be raised in a reply brief. A reply brief under this section shall contain a table of contents, table of authorities, summary of argument, argument, conclusion, word count certificate, if needed, and certificate of service. See Rule 24(D).(E) Brief of Amicus Curiae. (1) Preparation. An amicus curiae brief shall include a table of contents, table of authorities, a brief statement of the interest of the amicus curiae, summary of argument, argument, conclusion, word count certificate, if needed, and certificate of service. See Rule 24(D).(2) Avoiding Repetition. Before completing the preparation of an amicus curiae brief, counsel for an amicus curiae shall attempt to ascertain the arguments that will be made in the brief of any party whose position the amicus curiae is supporting to avoid repetition or restatement of those arguments in the amicus curiae brief.(F) Appendix. Appendices shall be separately submitted. See Rule 51.(G) Cases with Multiple Appellants or Appellees. In cases involving more than one appellant or appellee, including cases consolidated for appeal, each party may file a separate brief, more than one party may join in any single brief, or a party may adopt by reference any part of any brief of any party.(H) Addendum to Brief. Any party or any entity granted amicus curiae status may elect to file a separately Addendum to Brief. An Addendum to Brief is not required and is not recommended in most cases. An Addendum to Brief is a highly selective compilation of materials filed with a party's brief at the option of the submitting party. If an Addendum to Brief is submitted, it must be filed and served at the time of the filing and service of the brief it accompanies. An Addendum to Brief may include, for example, copies of key documents from the Clerk's Record or Appendix (such as contracts), or exhibits (such as photographs or maps), or copies of critically important pages of testimony from the Transcript, or full text copies of statutes, rules, regulations, etc. that would be helpful to the Court on Appeal but which, for whatever reason, cannot be conveniently or fully reproduced in the body of the brief. An Addendum to Brief may not exceed fifty (50) pages in length and should ordinarily be much shorter in length. The Addendum to Brief shall have a front page that is styled similarly to the brief it accompanies (see Form App. 43-1), except that it shall be clearly identified as an Addendum to Brief, and the first document in the Addendum to Brief shall be a table of contents. An Addendum to Brief may not contain argument. All pages of the Addendum to Brief, including the front page (see Rule 43(I) ) and table of contents, shall be consecutively numbered at the bottom beginning with numeral one; however, the front page, table of contents, and certificate of service shall not be included in the fifty (50) page length limit of this rule.Amended April 12, 2016 effective July 1, 2016; amended June 20, 2016, effective July 1, 2016.