R.i. Sup. Ct. R. 16

As amended through June 7, 2024

Rule 16 - Briefs

(a)Brief of Appellant or Other Moving Party. Within forty (40) days after the date on which the Clerk of the Supreme Court notifies the appellant or other moving party that the case to be reviewed has been assigned to the regular calendar for full briefing and argument, the appellant or other moving party shall file in the office of the Clerk a brief in accordance with Rule 18. The brief shall contain:

(1) A brief and concise statement of the facts and the prior proceedings in the case together with page citations to the places in the record and the appendix where such can be found;

(2) A specification of the errors claimed with a page citation to the places in the record and the appendix where such error can be found;

(3) The specific questions raised duly numbered and for each question, a concise statement of the applicable standard of review (which may appear in the discussion of the question or under a separate heading placed before the discussion of the questions);

(4) The points made, together with the authority relied on in support thereof;

(5) A conclusion setting forth with particularity the relief to which the party believes himself or herself entitled; and

(6) An index of authorities arranged alphabetically indicating at what page or pages of the brief each authority is cited. Errors not claimed, questions not raised, and points not made ordinarily will be treated as waived and not be considered by the Supreme Court. In cases where it may be necessary for the Supreme Court to examine the evidence, the party shall specify in the party's brief the leading facts that the party deems to be established by the evidence, with a reference to the pages of the record and the appendix where the evidence of such facts may be found, which references will be relied upon by the Court in its consideration of such facts. Ordinarily the Supreme Court will not consider evidence not referenced in conformity with this subdivision.

(b)Brief of Appellee or Other Adverse Party.

Within forty (40) days after the brief of the appellant or other moving party has been filed, the appellee or other adverse party shall file a brief in accordance with Rule 18. The brief of the appellee or other adverse party shall conform to the requirements of subsection (a), except that no specification of errors is necessary and no statement of the case need be made beyond what may be deemed necessary to correct any inaccuracy or omission in the statement of the appellant or other moving party.

(c)Reply Briefs; Supplemental Briefs and Special Orders. The appellant or other moving party may file a reply brief within twenty (20) days after the filing of a brief by the appellee or other adverse party. Except as otherwise provided in subsections (d) and (e), no party may submit any further or supplemental brief or post-argument memorandum, or other communication of any kind, without the prior approval or direction of the Supreme Court or a justice thereof upon motion in accordance with Rule 28. Nothing in this rule shall prevent the making in any case, of a special order by the Supreme Court in regard to the time for filing any briefs.

(d)Briefs in Consolidated Cases - Cases Involving Cross-appeals or Cross-petitions. Unless otherwise ordered, in matters consolidated before the Supreme Court, the party filing the first notice of appeal or petition for writ of certiorari is the appellant or petitioner and shall file the opening brief in accordance with subsection (a), the party filing the second notice or petition is the appellee or respondent and shall file a responding brief in accordance with subsection (b) which shall also address the issues raised in any cross-appeal or cross-petition, the appellant or petitioner may file a reply brief in accordance with subsection (c), and an appellee or respondent who has cross-appealed or cross-petitioned may file a brief in reply to the appellant's or petitioner's response to the issues presented by the cross-appeal or cross-petition. If notices or petitions are filed on the same day, the plaintiff in the proceeding below is the appellant or petitioner. Except as otherwise provided in subsection (e), no party may submit any further or supplemental brief or post-argument memorandum, or other communication of any kind, without the prior approval or direction of the Supreme Court or a justice thereof upon motion in accordance with Rule 28. Any party wishing to seek a modification of the foregoing briefing requirements shall move for such relief prior to the Rule 12A single justice conference.

(e)Citation of Supplemental Authorities. If pertinent and significant authorities come to a party's attention after the party's briefs have been filed, or after oral argument but before decision, a party may promptly file a document entitled "Citation of Supplemental Authority," with a copy to be served on other parties setting forth the citations. If an authority is not available in a national reporter, a copy must be included and served on all parties. The document must state without argument the reasons for the supplemental citations, referring either to the page of the brief or to a point argued orally. Any response must be filed within ten (10) days and must be similarly limited. No reply shall be allowed.

(f)Form of Briefs. All briefs filed pursuant to this rule shall be submitted in the form and manner set forth in Rule 18. Unless authorized by order of the Supreme Court pursuant to a party's written motion, briefs shall not exceed a total of 15,000 words, except that reply briefs shall not exceed 7,500 words.

Handwritten briefs or briefs produced on a typewriter, when allowed, shall not exceed fifty (50) pages, except that reply briefs that are handwritten or produced on a typewriter shall not exceed twenty-five (25) pages.

Briefs exceeding these limitations shall not be filed, either provisionally or otherwise, along with the motion seeking their approval, and no such brief will be accepted by the clerk until such motion has first been granted. The motion for leave to file a brief exceeding these limitations shall be accompanied only by a memorandum substantiating, to the Supreme Court's satisfaction, the need for the additional words or pages requested.

Nonelectronic briefs shall be bound on the left side and not at the top. The brief must be bound in any manner that is secure, does not obscure text, and permits the brief to lie reasonably flat when open and not fall apart. The cover of the nonelectronic 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. The cover of the nonelectronic appendix, if separately printed, should be white.

The front covers of all briefs and of appendices, if separately filed, shall contain the following information:

(1) The name of the court and the number of the case;

(2) The title of the case;

(3) The nature of the proceeding in the court (e.g., Appeal; Petition for Review) and the name of the court, agency, or board below;

(4) The title of the document (e.g., Brief for Appellant, Appendix); and

(5) The name, bar number, and contact information, including email address, of the attorney representing the party on whose behalf the document is filed.

All briefs shall be filed with a completed "Checklist for Filing Briefs" form prescribed by the Clerk of the Supreme Court. The most current Checklist for Filing Briefs is located on the Judiciary's website at www.courts.ri.gov under the heading of Public Resources, Forms, Supreme Court. Checklists shall be signed by the filing attorney(s). Briefs that are filed without a completed checklist shall be rejected by the Clerk.

(g)Effect of Failure to Comply. A party failing to comply with any of the requirements of this rule shall not be heard, but the appellee or other adverse party shall not be considered in default for failure to file briefs if the moving party has not duly filed briefs. The Clerk of the Supreme Court shall reject any brief not in compliance with this rule.

(h)Brief of Amicus Curiae. A brief of an amicus curiae may be filed only if accompanied by written consent of all parties, or by leave of the Supreme Court granted on motion or at the request of the Court, except that consent or leave shall not be required when the brief is presented by the United States or an officer or agency thereof, or by the State of Rhode Island or an officer or agency thereof. The brief may be conditionally filed with the motion for leave. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. Unless all parties consent, an amicus curiae shall file its brief within the time allowed the party whose position as to affirmance or reversal the amicus brief will support unless the Supreme Court for cause shown shall grant leave for later filing, in which event it shall specify within what period an opposing party may answer. A motion of an amicus curiae to participate in the oral argument will be granted only for extraordinary reasons.

(i)References to Parties. In briefs and at oral argument, attorneys should minimize use of the terms "appellant" and "appellee." To make briefs clear, attorneys should use the parties' actual names or the designations used in the trial court or agency proceeding, or such descriptive terms as "the employee," the injured person," "the taxpayer," "the landlord," "the tenant."

R.i. Sup. Ct. R. 16

Amended effective 6/19/2020; Revised 10/1/2023.