Vt. R. App. P. 32

As amended through May 6, 2024

Rule 32 - Form of Briefs, Motions, and Other Documents Abrogated

(a) Form of Briefs.

(1)Form of Electronically Filed Briefs. A brief filed electronically must comply with the following:

(A) File Type. Be in text-searchable PDF in accordance with 2020 V.R.E.F. 7(a) and (b);

(B) Margins. Have margins of not less than one inch;

(C) Page Numbers. Have page numbers in the center of the bottom margin and all pages numbered sequentially so that the electronic page counter and paper numbers are consistent;

(D) Font and Spacing. Be in 13-point proportionally spaced serif font, including footnotes, and use italics or boldface for emphasis, not underlining or all caps. Have 1.2 line spacing, except the following may be single spaced: headings, block quotes, signature block. Be left-aligned, not justified;

(E) Links. Not contain any embedded hyperlinks or internal bookmarks;

(2)Form of Nonelectronically Filed Briefs. A brief filed nonelectronically must comply with the following:

(A) Format. Be clearly legible, with all text visible and dark enough to be readable on a scanned image in accordance with 2020 V.R.E.F. 7(c). Be either all single-sided or all double-sided;

(B) Paper Size. Be on 8 1/2 by 11 inch paper;

(C) Binding. Be submitted in unbound form (no staples or other binding).

(3)Cover. The front cover of a brief must contain:

(A) the phrase "In the Supreme Court of the State of Vermont," and the Supreme Court docket number centered at the top;

(B) the title of the case;

(C) the nature of the proceeding in the Supreme Court;

(D) the name of the court or other tribunal below and the docket number below;

(E) the title of the document, identifying the party or parties for whom it is filed; and

(F) the name, office address, telephone number, and email address of counsel representing the party for whom the brief is filed.

(4)Length.

The following word-count limits include in total all text, headings, footnotes, and quotations.

(A) Principal Brief.

(i) A principal brief must not exceed 9000 words.

(ii) An appellee's principal brief in a cross-appeal must not exceed 12,000 words.

(B) Reply Brief.

(i) A reply brief must not exceed 4500 words.

(ii) An appellant's reply brief in a case with a cross-appeal must not exceed 6000 words.

(iii) An appellee's reply brief in a case with a cross-appeal must not exceed 3000 words.

(C) Specific Exclusions from Word-Count Limits. The statement of issues, table of contents, table of authorities, signature blocks, certificate of compliance, certificate of service, do not count toward the word-count limits.

(D) Certificate of Compliance. A brief submitted under this rule must include a statement by the attorney, or self-represented party, certifying that the brief complies with the word-count limit. The person preparing the certificate may rely on the word or line count of the word-processing system used to prepare the brief. The certificate must state the number of words in the brief and identify the word-processing system used.

(b) Form of Motions and Other Documents.

(1) Motions and other documents must be formatted as provided in Rule 32(a)(1) and (2).

(2) The motion must include:

(A) a caption stating the Supreme Court docket number and name of the case; and

(B) a brief descriptive title indicating the purpose of the document and identifying the party or parties for whom it is filed.

Vt. R. App. P. 32

Amended June 18, 1980, eff. 9/1/1980; 10/21/1983, eff. 1/1/1984; 10/19/1999, eff. 12/31/1999; abrogated and replaced Feb. 5, 2008, eff. 4/7/2008; 6/17/2008, eff. 6/17/2008; 3/14/2012, eff. 5/14/2012; 6/11/2013, eff. 9/3/2013; 12/17/2013, eff. 12/17/2013; 3/27/2014, eff. 5/27/2014; amended July 13, 2021, eff. 8/17/2021.

Reporter's Notes-2021 Amendment

Rule 32 is revised to update its requirements consistent with current practice and the implementation of an electronic case management system and electronic filing.

The title of Rule 32 is amended to clarify that it applies to motions but not to the format of the printed case, which is contained in Rule 30.

Rule 30(a) is updated to provide the form of briefs for filing and reading electronically. Former (a)(1) is deleted. New Rule 30(a)(1) addresses the requirements for electronically filed briefs and (a)(2) addresses nonelectronically filed briefs. The format required to best read documents electronically is different than the optimal formatting for paper documents and Rule 30(a)(1) delineates the requirements to optimize a document for reading electronically. It is important for documents to be paginated so that the electronic page counter coincides with the page numbers on the document. This can be done either by designating the cover page as page one or by using separate sectional pagination and adjusting the PDF settings so that the page-search function recognizes the numbering scheme. Documents must be in PDF form to be filed into the electronic filing system. In addition, a document with live hyperlinks or internal bookmarking will cause errors in the electronic filing system. A document can contain a reference to a web address but the link must not be live. The font size applies to all text in the document, including footnotes.

For nonelectronically filed documents, it is important the writing is clearly legible, all single-sided or all double-sided, on regular paper size, and unbound so that the filing can be easily scanned into the case management system. Documents can be secured with a paper clip or binder clip.

Former (a)(2) is now (a)(3) and retains the requirements for the cover of the brief. The color requirements are deleted from the rule as they are not useful electronic documents.

Former (a)(3)-(6) are deleted. The formatting requirements are now contained in (a)(1) and (2).

Former (a)(7) is now (a)(4). The word-count limits remain the same. The exclusions to the word-count limits in (4)(C) are amended to remove the addendum, which is no longer required to be filed, and to add the certificate of service.

Former (b), which previously required the filing of a brief and printed case in digital format, is deleted as the Court will now receive an electronic copy through efiling or by scanning a nonelectronically filed paper document.

Former (c) is now (b). It addresses the format for motions and other documents. Note that V.R.A.P. 27(d) has requirements for efiling of motions that conform to the requirements of 2020 V.R.E.F. 5(g).