Although fulfilling your brief’s format requirements is a much less intellectually demanding task than writing the argument, it is nonetheless important.

Rightly or wrongly, many readers form an impression of your credibility based on whether you conform to the minutiae of court rules. Your willingness to learn and follow rules about document format and filing guidelines tells the court that you are a professional, and that you take court requirements seriously.

Most state and federal courts in the United States are governed by at least two sets of rules. The more significant rules are the rules of procedure that govern all of the courts within a certain jurisdiction, for example, the Federal Rules of Civil Procedure, the Federal Rules of Appellate Procedure, or the Ohio Rules of Appellate Procedure.

Most courts also have so-called local rules that may deal with requirements such as filing requirements, page length, certificates of service, service on opposing parties, citations, and the like. Obeying these rules is crucial to the effective practice of law. In 2010, for example, an Indiana court refused to accept expert affidavits in opposition to a motion because they were filed after the deadline, even though both parties had agreed to an extension of time. Counsel had neglected to file the appropriate motion with the court to request the extension.² Similarly, in 2002, the Ninth Circuit dismissed an appeal for failure to comply with certain Federal Rules of Appellate Procedure (FRAP) and with circuit rules.³ The court noted that “[a]n enormous amount of time is wasted when attorneys fail to provide proper briefs and excerpts of record that should have supplied the court with the materials relevant to the appeal. The FRAP and Ninth Circuit rules are not optional suggestions...

In addition to expecting counsel to follow local rules, some courts expect counsel to be aware of local practices, the customs and behaviors that are unwritten but practiced by experienced local lawyers. Appellate courts that allow electronic filing may prefer to have counsel file an additional hard copy if the document is lengthy.⁵ Trial judges may have “standing orders” that lay out rules for counsel to follow in all trials in front of that particular judge. Taking the time to read a judge’s standing order (often posted on the judge’s Web site) may provide you with valuable information that will save you time and trouble and help you to make a good impression on the court. Whenever you have to file a brief, make sure that you have copies of all of the written rules that apply to documents submitted to that court, and try to find out the local practices and customs by consulting court Web sites, more experienced colleagues, or both.

This chapter explains the format requirements that are common to appellate briefs and motion briefs. For appellate brief requirements, it usually refers to Supreme Court rules; however, most of the requirements listed are common in other appellate courts. For motion brief requirements, it usually refers to federal court rules. Samples of a motion brief and of appellate briefs appear in Appendix C. Of course, you should follow the rules of the court to which you are writing or of your professor.