As amended through September 26, 2024
Rule 5A:19 - General Requirements for All Briefs(a)Length. - Except by permission of a judge of this Court, neither the opening brief of appellant, nor the brief of appellee may exceed the longer of 50 pages or 12,300 words. No reply brief may exceed the longer of 20 pages or 3,500 words. Briefs of amici curiae must comply with the word limits that apply to briefs of the party being supported. Page and word limits under this Rule do not include appendices, the cover page, table of contents, table of authorities, signature blocks, or certificate. There will be no exception to these limits except by permission of this Court on motion for extension of the limits.(b)Filing Time: Appeal as a Matter of Right. - Appeal as a Matter of Right. - In cases when appeal lies as a matter of right to this Court, except as otherwise provided by statute or order of this Court, briefs must be filed as follows: (1) Prior to filing briefs in an appeal of right, the appellant must file a preliminary statement of the assignments of error in the office of the clerk of this Court within 15 days of the filing of the record in such office. The appellee must file any additional preliminary assignments of cross-error in the office of the clerk of this Court within 10 days after the filing of the appellant's preliminary statement of assignments of error. see Rules 5A:25(a)(1) and 5A:25(d). In cases in which a designation of appendix is filed, the preliminary statement of the assignments of error or additional preliminary assignments of cross-error may be contained in the designation of appendix filed in accordance with Rule 5A:25(d).(2) The appellant must file the opening brief in the office of the clerk of this Court within 40 days after the date of the filing of the record in such office.(3) The brief of appellee and the brief of the guardian ad litem must be filed in the office of the clerk of this Court within 30 days after filing of the opening brief, or within 30 days after the filing of the record in this Court, whichever is later. The filing time for the brief of appellee in an Anders appeal is governed by Rule 5A:20(i).(4) The appellant may file a reply brief in the office of the clerk of this Court within 14 days after filing of the brief of appellee or guardian ad litem.(5) If the reply brief of the appellant addresses cross-error, the appellee may file a reply brief in support of cross-error in the office of the clerk of this Court within 14 days after the filing of the reply brief of appellant.(6) Motions for extensions to these briefing deadlines must be filed no later than 10 days after the expiration of the deadline.(c)Filing Time: Grant of Discretionary Appeal. - In cases when a discretionary appeal has been granted by this Court, briefs must be filed as follows:(1) The appellant must file the opening brief in the office of the clerk of this Court within 40 days after the date of the certificate of appeal issued by the clerk of this Court pursuant to Rule 5A:16(b).(2) The brief of appellee must be filed in the office of the clerk of this Court within 30 days after filing of the opening brief.(3) The appellant may file a reply brief in the office of the clerk of this Court within 14 days after filing of the brief of appellee.(4) Motions for extensions to these briefing deadlines must be filed no later than 10 days after the expiration of the deadline.(5) In cases where a petition has been granted, the appellant must include any granted assignments of error and cross-error in a designation filed under Rules 5A:19(b)(1) and 5A:25(d).(d)Participation by Guardian Ad Litem. - If a guardian ad litem joins with either appellant or appellee, the guardian ad litem must notify the clerk of this Court, in writing, which side it joins. Thereafter, the guardian ad litem may rely on the brief of that party and is entitled to oral argument under Rule 5A:26.(e) Arguments Made by Reference. - Attempts to incorporate arguments made below by reference to pleadings, motions, memorandum, or other filings are prohibited.(f) Citations to the record or Joint Appendix. - When referencing a page of any item in the record, briefs must cite either the record-page number (e.g., "R. 1"), for cases in which an electronic record has been filed, or the appendix-page number (e.g., "J.A. 1"), for cases in which only a paper record has been filed. See Rule 5A:25(a). No appeal will be dismissed for failure to comply with the citation provisions of this rule; however, the clerk of this Court may require that a document be redone in compliance with the citation requirements.Amended by Order dated February 26, 2004, effective 5/1/2004; amended by order dated June 25, 2004, effective 9/1/2004; amended by order dated April 30, 2010, effective 7/1/2010; amended by order dated April 10, 2015, effective 7/1/2015; amended by order dated February 27, 2017, effective 5/1/2017; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021; amended by order dated April 1, 2021, effective 6/1/2021; amended by order dated November 1, 2021, effective 1/1/2022; amended by order dated November 10, 2022, effective 1/9/2023; amended by order dated November 21, 2023, effective 11/21/2023; amended by order dated June 21, 2024, effective 8/20/2024.