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PART VII — MOTIONS, BRIEFING, AMICI, AND ARGUMENT

  • 61Motions and responses
  • 62Emergency relief, stays, and the Duty Justice
  • 63Merits briefing schedule and sequence
  • 64Appellant’s or petitioner’s principal brief
  • 65Appellee’s or respondent’s brief; reply; supplemental authority
  • 66Amicus curiae briefs
  • 67Intervention, consolidation, severance, and related matters
  • 68Calendar, submission without argument, and oral argument
  • 69Conduct and record of oral argument; technical failure

PART VII — MOTIONS, BRIEFING, AMICI, AND ARGUMENT

Rule 64. Appellant’s or petitioner’s principal brief

Cite asRid. R. Sup. Ct. 64Official text at page 28

In this rule

  • (a)Questions presented
  • (b)Required contents
  • (c)Record fidelity
  • (d)Authorities
  • (e)Relief
  • (f)Appendix and addendum
(a)§

Questions presented

The questions appear alone on the first substantive page. They may clarify but may not materially enlarge the notice of appeal, granted petition, or briefing order. The Court may consider fundamental error apparent from the record.

(b)§

Required contents

The principal brief must contain:

1.§

parties, interests, conflicts, and related proceedings;

2.§

table of contents and authorities when Rule 37 requires;

3.§

a concise jurisdictional statement;

4.§

the governing legal text;

5.§

the procedural history;

6.§

a fair statement of material facts with exact record citations;

7.§

a separate preservation statement and standard of review for each issue;

8.§

a genuine summary of argument;

9.§

argument divided by descriptive headings; and

10.§

a conclusion specifying the exact disposition and relief sought.

(c)§

Record fidelity

Every material factual statement must cite the record. A brief must state when evidence was disputed, excluded, proffered, or found not credible and may not present an allegation as an adjudicated fact.

(d)§

Authorities

Argument must identify controlling adverse authority and distinguish or address it. A request to overrule precedent must name the precedent, explain the governing standard, and address reliance and administrability.

(e)§

Relief

The requested relief must be within the Court’s jurisdiction and lawful remedial authority. A party should state whether it seeks affirmance, reversal, vacatur, modification, remand, dismissal, a new proceeding, or another precise result.

(f)§

Appendix and addendum

The record appendix required by Rule 60 must accompany the brief unless deferred. A short addendum may reproduce governing text but may not contain argument.

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