8.4.2 ISSUE
Appellate briefs designate the issue or issues before the court with a formal question or questions presented. In many briefs, the question presented may be the fifth or sixth element of the brief; Rule 28 of the Federal Rules of Appellate Procedure places the statement of the issues after the jurisdictional statement and before the statement of the case.
In Supreme Court briefs, however, the question presented appears alone on the first page after the cover page. As noted in Supreme Court Rule 24.1(a), the brief may not raise additional questions or change the substance of the questions raised in the petition for the writ of certiorari; however, “the phrasing of the questions presented need not be identical with that in the petition for a writ of certiorari.” Note that if your case has multiple questions, you should number the questions. Note also that if you are writing a brief to the United States Supreme Court, the page number of this page should be written in lowercase roman numerals (i.e., the question presented appears on page i), and that this method of pagination continues through the table of authorities (see Section 8.4.5). Arabic numbering of the pages begins with the opinions below (see Section 8.4.6). Consult local rules for pagination guidelines for other appellate briefs; if pagination is not mentioned, you may presume that Arabic pagination is acceptable throughout. Chapter Nine discusses methods for writing an effective question presented.
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