Va. R. Sup. Ct. 5:28

As amended through April 19, 2024

Rule 5:28 - Requirements for Brief of Appellee

The brief of appellee must comply with Rules 5:6 and 5:26, and must contain the following:

(a) A table of contents and table of authorities with cases alphabetically arranged. Citations of all authorities must include the year thereof.

(b) A statement of the case if the appellee disagrees with the statement presented by the appellant. In an appeal of right to this Court from an order disciplining, suspending, or disbarring an attorney-at-law, the Virginia State Bar may include assignments of cross-error. In such cases, no cross-error not then assigned will be noticed by this Court.

(c) A statement of the facts necessary to correct or amplify the statement in the brief of appellant with appropriate references to the pages of the appendix. Any quotation from the record should be brief. The testimony of individual witnesses should not be summarized seriatim unless the facts are in dispute and such a summary is necessary to support the appellee's version of the facts.

(d) The standard of review, the argument, and the authorities relating to each assignment of error. With respect to each assignment of error, the standard of review and the argument including principles of law and the authorities - must be stated in one place and not scattered through the brief. At the option of counsel, the argument may be preceded by a short summary.

(e) With respect to the assignments of cross-error, if any:

(1) A statement of the assignment of cross-error, with a clear and exact reference to the pages of the appendix where the alleged cross-error has been preserved.

(2) The standard of review, the argument, and the authorities relating to each assignment of cross-error. With respect to each such assignment of cross-error, the standard of review and the argument - including principles of law and the authorities - must be stated in one place and not scattered through the brief.

(3) A statement of the precise relief sought.

Va. Sup. Ct. 5:28

Amended by order dated November 30, 2007, effective 2/1/2008; amended by order dated April 30, 2010, effective 7/1/2010; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021.