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Rule 27. Form of briefs.

(a) Paper size; printing margins. Briefs shall be typewritten, printedor prepared by photocopying or other duplicating or copying process that willproduce clear, black and permanent copies equally legible to printing, onopaque, unglazed paper 8 1/2 inches wide and 11 inches long, and shall besecurely bound along the left margin. Paper may be recycled paper, with or withoutdeinking. The printing must be double spaced, except for matter customarilysingle spaced and indented. Margins shall be at least one inch on the top,bottom and sides of each page. Page numbers may appear in the margins.

(b) Typeface. Either a proportionally spaced or monospacedtypeface in a plain, roman style may be used. A proportionally spaced typefacemust be 13-point or larger for both text and footnotes. A monospacedtypeface may not contain more than ten characters per inch for both text and footnotes.

(c) Binding. Briefs shall be printed on both sides of the page, andbound with a compact-type binding so as not unduly to increase the thickness ofthe brief along the bound side. Coiled plastic and spiral-type bindings are notacceptable.

(d) Color of cover; contents of cover. The cover of the opening briefof appellant shall be blue; that of appellee, red;that of intervenor, guardian ad litem,or amicus curiae, green; that of any reply brief, or in cases involving across-appeal, the appellant's second brief, gray; that of any petition forrehearing, tan; that of any response to a petition for rehearing, white; thatof a petition for certiorari, white; that of a response to a petition forcertiorari, orange; and that of a reply to the response to a petition forcertiorari, yellow. All brief covers shall be of heavy cover stock. There shallbe adequate contrast between the printing and the color of the cover. The coverof all briefs shall set forth in the caption the full title given to the case inthe court or agency from which the appeal was taken, as modified pursuant toRule 3(g), as well as the designation of the parties both as they appeared inthe lower court or agency and as they appear in the appeal. In addition, thecovers shall contain: the name of the appellate court; the number of the casein the appellate court opposite the case title; the title of the document(e.g., Brief of Appellant); the nature of the proceeding in the appellate court(e.g., Appeal, Petition for Review); the name of the court and judge, agency orboard below; and the names and addresses of counsel for the respective partiesdesignated as attorney for appellant, petitioner, appellee,or respondent, as the case may be. The names of counsel for the party filingthe document shall appear in the lower right and opposing counsel in the lowerleft of the cover. In criminal cases, the cover of the defendant's brief shallalso indicate whether the defendant is presently incarcerated in connectionwith the case on appeal and if the brief is an Anders brief.

(e) Effect of non-compliance with rules. The clerk shall examine allbriefs before filing. If they are not prepared in accordance with these rules,they will not be filed but shall be returned to be properly prepared. The clerkshall retain one copy of the non-complying brief and the party shall file abrief prepared in compliance with these rules within 5 days. The party whosebrief has been rejected under this provision shall immediately notify theopposing party in writing of the lodging. The clerk may grant additional timefor bringing a brief into compliance only under extraordinary circumstances.This rule is not intended to permit significant substantive changes in briefs.

 

Advisory Committee Note

The change from the term "pica size" to "ten charactersper inch" is intended to accommodate the widespread use of wordprocessors. The definition of pica is print of approximately ten characters perinch. The amendment is not intended to prohibit proportionally spaced printing.

An Anders brief is a brief filed pursuant to Anders v. California, 386U.S. 793, 97 S.Ct. 1396 (1967), in cases wherecounsel believes no nonfrivolous appellate issuesexist. In order for an Anders-type brief to be accepted by either the UtahCourt of Appeals or the Utah Supreme Court, counsel must comply with specificrequirements that are more rigorous than those set forth in Anders. See, e.g.State v. Wells, 2000 UT App 304, 13 P.3d 1056 (per curiam);In re D.C., 963 P.2d 761 (Utah App. 1998); State v. Flores, 855 P.2d 258 (UtahApp. 1993) (per curiam); Dunn v. Cook, 791 P.2d 873(Utah 1990); and State v. Clayton, 639 P.2d 168 (Utah 1981).