Miss. R. App. P. 32

As amended through March 21, 2024

Rule 32 - Form of Briefs, Record Excerpts and Other Papers

(a)Form of Briefs and Record Excerpts. Briefs and record excerpts may be produced by standard commercial printing or by any duplicating or copying process which produces a clear black image on white paper. The text in the body of briefs shall appear in at least 12 point type; the text of foot notes must appear in at least 11 point type.

When filed conventionally, briefs and record excerpts shall be bound in volumes and shall be typed on one side of the page only and shall be in black non-copying ink on white paper without the name of any person or advertising matters on the paper. Pages of briefs shall not exceed 8 1/2 by 11 inches with margins of 1 1/2 inches on the left, 1 inch on the top, 3/4 of an inch on the bottom, and 1/2 inch on the right, with double spacing between each line of text, excluding quotations and footnotes. All pages shall be numbered.

It is preferred that briefs and record excerpts be bound so as to permit them to lie flat when opened, and they must be so bound if the cover is plastic or any material not easily folded.

The cover of the brief of the appellant shall be blue; that of the appellee, red; that of an intervenor or amicus curiae, green; that of any reply brief, gray. In cross-appeals, the reply brief of appellant shall be combined with the brief of cross-appellee, and the combined brief shall be red. The reply brief of cross-appellant shall be gray. The cover of the record excerpts shall be white. The front covers of the briefs and of record excerpts shall contain:

(1) the caption, name of the court and the number of the case;

(2) the style (title) of the case [see Rule 13(a) ];

(3) the nature of the proceeding (e.g., Appeal; Interlocutory Appeal; Petition for Writ of Prohibition) and the name of the court or commission below;

(4) the title of the document (e.g., Brief for Appellant, Record Excerpts);

(5) the names, bar numbers, addresses and business telephone numbers of counsel representing the party on whose behalf the document is filed, and (6) a statement on the cover of a brief filed by each party that oral argument is or is not requested. See M.R.A.P. 34(b).

(b)Form of Other Papers. Motions for rehearing shall be produced in a manner prescribed by Rule 32(a) and Rule 28(m), and motions and other papers may be produced in like manner. When filed conventionally, they may be typewritten upon opaque, unglazed paper, 8 1/2 by 11 inches in size. Lines of typewritten text shall be double spaced except for quotations and footnotes. Consecutive sheets shall be attached at the top left corner.

A motion or other paper addressed to either the Court of Appeals or the Supreme Court shall contain a caption setting forth the name of the court, the style (title) of the case, the tracking or docket number, and a brief descriptive title indicating the purpose of the paper. Prior to notification by the clerk that the case has been assigned to the Court of Appeals, all pleadings shall be captioned in the name of the Supreme Court. A motion filed after notice of assignment to the Court of Appeals shall be captioned with the name of that court.

Miss. R. App. P. 32

Amended effective 5/27/2004 to revise the size of fonts in the text of briefs; amended effective 4/19/2007; amended effective 8/2/2012; amended October 17, 2018, effective 10/25/2018.

Advisory Committee Historical Note

Effective September 18, 1997, Rule 32(b) was amended to effect technical changes. 699-701 So. 2d XXIX (West Miss. Cases 1997).

Effective February 10, 1995, the Comment to Rule 32 was amended to provide that appellant's reply, not principal, brief must state whether oral argument is requested. 648 So.2d XXXII-XXXIII (West Miss.Cases 1995).

Effective January 1, 1995, Miss.R.App.P. 32 replaced Miss.Sup.Ct.R. 32, embracing proceedings in the Court of Appeals. Rule 32(b) and the Comment were further amended to provide that the cover of a brief filed by each party must state whether oral argument is requested. 644-647 So.2d LXXI-LXXII (West Miss.Cases 1994).

Comment

Rule 32 is based on Fed. R. App. P. 32, 5 th Cir. R. 32, and the former rules of the Supreme Court. The Rule changes former Supreme Court practice in that it requires the appellant and the appellee to designate on the cover of the reply brief of the appellant and the principal brief of the appellee whether or not oral argument is requested. See M.R.A.P. 34(b).

[Amended February 10, 1995.]