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Rule 24. Principal and replybriefs.

(a) Principal briefs.Principal briefs must contain under appropriate headings and in the order indicated:

(1) A list of current and former parties. The list of parties mustinclude:

(A) all parties to the proceeding inthe appellate court and their counsel; and

(B) listed separately, all partiesto the proceeding in the court or agency whose judgment or order is under reviewthat are not parties in the appellate court proceeding.

(2) A table of contents. The table of contents must list the sections ofthe brief with page numbers and the items in the addendum with the item number.

(3) A table of authorities. The table of authorities must list all casesalphabetically arranged, rules, statutes, and other authorities cited, with referencesto the pages on which they are cited.

(4) An introduction. The introduction should describe the nature and contextof the dispute and explain why the party should prevail on appeal.

(5) A statement of the issue. Thestatement of the issue must set forth the issue presented for review, includingfor each issue:

(A) the standard of appellate reviewwith supporting authority; and

(B) citation to the record showingthat the issue was preserved for review; or a statement of grounds for seeking reviewof an issue not preserved.

(6) A statement of the case. The statement of the case must include,with citations to the record:

(A) the facts of the case, to theextent necessary to understand the issues presented for review;

(B) the procedural history of the case,to the extent necessary to understand the issues presented for review; and

(C) the disposition in the court oragency whose judgment or order is under review.

(7) A summary of the argument. The summary of the argument must containa succinct statement of the arguments made in the body of the brief.

(8) An argument. The argument must explain, with reasoned analysissupported by citations to legal authority and the record, why the party should prevailon appeal.

(9) A claim for attorney fees. A party seeking attorney fees forwork performed on appeal must state the request explicitly and set forth the legalbasis for an award.

(10) A short conclusion. The conclusion may summarize the party?sposition and must state the specific relief sought on appeal.

(11) A certificate of compliance. The filer must certify that thebrief complies with:

(A) paragraph (g), governing the numberof pages or words (the filer may rely on the word count of the word processing systemused to prepare the brief); and

(B) Rule 21, governing publicand private records.

(12) An addendum. Subject to Rule 21(h), the addendummust contain a copy of:

(A) any constitutional provision,statute, rule, or regulation of central importance cited in the brief but not reproducedverbatim in the brief;

(B) the order, judgment, opinion, ordecision under review and any related minute entries, findings of fact, andconclusions of law; and

(C) materials in the record that arethe subject of the dispute and that are of central importance to the determinationof the issues presented for review, such as challenged jury instructions, transcriptpages, insurance policies, leases, search warrants, or real estate purchase contracts.

(b) Reply brief.The appellant or petitioner may file a reply brief. A reply brief must be limitedto responding to the facts and arguments raised in the appellee?s orrespondent?s principal brief. The reply brief must include:

(1) a table of contents, as requiredby paragraph (a)(2);

(2) a table of authorities, asrequired by paragraph (a)(3);

(3) an argument, as requiredby paragraph (a)(8);

(4) aconclusion, as required by paragraph (a)(10); and

(5) acertificate of compliance, as required by paragraph (a)(11).

(c) No further briefs;joining or adopting the brief of another party. No further briefs maybe filed except with leave of the appellate court. More than one party may joinin a single brief. Any party may adopt by reference any part of the brief of another.

(d) References in briefsto parties and others. Parties and other persons and entities should be referredto consistently by the term, phrase, or name most pertinent to the issues on appeal.These may include descriptive terms based on the person or entity?s role in thedispute, or the designations used in the trial court or agency, or the names ofparties. Unless germane to an issue on appeal, a party should not be described solelyby the party?s procedural role in the case. The identity of minors should beprotected by use of descriptive terms, initials, or pseudonyms. In child welfareappeals, the surname of a minor must not be used nor may a surname of a minor?sbiological, adoptive, or foster parent be used.

(e) References to therecord.

(1) Statements of fact and referencesto proceedings in the court or agency whose judgment or order is under review mustbe supported by citation to the record. A citation must identify the page of therecord as marked by the clerk.

(2) A reference to an exhibitmust set forth the exhibit number. If the reference is to evidence the admissibilityof which is in controversy, the reference must set forth the pages of the recordat which the evidence was identified, offered, and received or rejected.

(f) References tolegal authority. A reference to an opinion of the Utah Supreme Courtor the Utah Court of Appeals issued on or after January 1, 1999, must include theuniversal citation (e.g., 2015 UT 99, ? 3; or 2015 UT App 320, ? 6).

(g) Length of briefs.

(1) Unless a brief complies withthe following page limits, it must comply with the following word limits:

Type of brief

Page limit

Word limit

Legality of death sentence, principal brief

60

28,000

Legality of death sentence, reply brief

30

14,000

Other cases, principal brief

30

14,000

Other cases, reply brief

15

7,000

 

(2) Headings, footnotes, andquotations count toward the page or word limit, but the table of contents, tableof authorities, and addendum, and any certificates of counsel do not.

(h) Permission tofile over length brief. Although over length briefs are disfavored, a partymay file a motion for leave to file a brief that exceeds the page, or word limitationsof this rule. The motion must state with specificity the issues to be briefed, thenumber of additional pages, or words requested, and good cause for granting themotion. A motion filed at least 7 days before the brief is due or seeking threeor fewer additional pages, or 1,400 or fewer additional words need not be accompaniedby a copy of the proposed brief. Otherwise, a copy of the proposed brief must accompanythe motion. If the motion is granted, the responding party is entitled to an equalnumber of additional pages, or words without further order of the court. Whetherthe motion is granted or denied, the court will destroy the proposed brief.

(i) Sanctions. The courton motion or on its own initiative may strike or disregard a brief that containsburdensome, irrelevant, immaterial, or scandalous matters, and the court may assessan appropriate sanction including attorney fees for the violation.

(j) Notice ofsupplemental authorities. When authority of central importance to an issue comesto the attention of a party after briefing or oral argument but before decision,that party may file a notice of supplemental authority setting forth:

(1) the citation to the authority;

(2) a reference either to thepage of the brief or to a point argued orally to which the authority applies; and

(3) relevance of the authority.The body of the notice must not exceed 350 words. Any other party may file a responseno later than 7 days after service of the notice. The body of the response mustnot exceed 350 words.

Effective November 1, 2017

AdvisoryCommittee Notes

The 2017 amendments substantiallychange the organization and content of briefs. An important objective of theamendments is to present the party?s case in logical order, in measured increments,and without unnecessary repetition. The principal brief of each party must meetthe same requirements.

Paragraph (a)(4). A party?s principalbrief should include an introduction. The author should focus the introductionon the important features of the case. The introduction to one case may be onlya few sentences, while a more complex case may require a few paragraphs orperhaps a few pages. The objective of the introduction is to give the reader asense of the forest before detailing the trees.

Paragraph (a)(6). The statement of thecase should describe the facts surrounding the dispute and procedural historyof the litigation, but only to the extent that these are necessary tounderstand the issues. Describing a fact or circumstance or proceeding that hasno bearing on the issues adds words of no value and distracts the reader. Whenstating a fact or describing a proceeding, a concise narrative is sometimes abetter presentation than a numbered, itemized list. The party must cite to theplaces in the record that support the statement.

Paragraph (a)(8). The 2017 amendmentsremove the reference to marshaling. State v. Nielsen, 2014 UT 10, 326 P.3d 645,holds that the failure to marshal is not a technical deficiency resulting indefault, but is a manner in which an appellant may carry its burden ofpersuasion when challenging a finding or verdict.

Paragraph (a)(11).The certificate of compliance is expanded to include not only compliance withthe limit on the length of the brief, but also compliance with thepublic/private record requirements of Rule 21.Briefs, including the addendum containing trial court records, are publicdocuments, increasingly available on the Internet. However, many trial courtrecords are not public. If the author needs to include a non-public document inan addendum or non-public information in the body of the brief, Rule 21requires that an identical, public brief be filed, but with the non-publicinformation removed.

Paragraph (b). The purpose of a replybrief is to respond to the facts and arguments presented in an appellee?sprincipal brief, not to reiterate points already made in the appellant?sprincipal brief, nor to introduce new matters that should have been raised inthat brief. Although not required, it is good practice to identify the pointthat is being responded to.

Paragraph (d). Describing the actors ina dispute and litigation presents a challenge to the author of a brief.Consistency promotes clarity; having chosen a term, phrase, name, or initialsto define a party, person, or entity, the author should use it throughout abrief.

The name of a minor is often a privaterecord and caution should be used to avoid including other names or informationfrom which a minor might be identified. A minor?s surname should be used onlywith the informed consent of a mature minor. The author may file a privatebrief for the parties and the court using the minor?s name while simultaneouslyfiling an otherwise identical public brief with the minor?s name omitted,redacted, reduced to initials, or substituted with a placeholder name. A minormay be referred to by a descriptive term such as ?the child,? ?the 11-yearold,? or ?the sister.? The biological, adoptive, or foster parents of minorsmay be referred to by their relation to the minor, such as ?mother,? ?adoptiveparent,? or ?foster father.?

While the name of an adult is usually apublic record, the author should recognize the intrusion into the lives ofvictims, witnesses, and others who are not principals in the dispute caused bya brief published on the Internet. Also, the use of names is disfavored whenclarity and discretion can be promoted by use of a reference based on theperson?s role in the dispute or the case. Parties and other persons and entitiesshould generally be referred to by their role in the dispute, such as?employee,? ?Defendant Employer,? or ?the Taxpayer.? Descriptions such as?witness? or ?neighbor? can also be useful while respecting the interests ofnon-parties. The reference chosen should be the one most relevant to thematters on appeal.

Paragraph (g). Because of theincreasing rarity of monospaced font, the 2017 amendments eliminated the numberof lines as a measure of a brief?s length. And to improve the clarity of Rule 24,the 2017 amendments moved the requirements for briefs in a cross-appeal to Rule24A.

Adopted2017