8 Alaska Admin. Code § 57.150

Current through September 25, 2024
Section 8 AAC 57.150 - Content and form of briefs and memoranda
(a) Briefs and memoranda must
(1) be in clear and legible black typeface or hand printing in black ink;
(2) be in 12- or 13-point font size;
(3) be double-spaced;
(4) be on white paper eight and one-half inches wide and 11 inches long;
(5) have one-inch margins all around;
(6) have footers and footnotes that are single-spaced; the footers and footnotes may be typed in a smaller font, but not smaller than 10-point;
(7) if longer than one page, have pages numbered consecutively; and
(8) include proof of service on the other parties.
(b) The first page of briefs and memoranda must contain
(1) the name, current mailing address, telephone number, and electronic mail address or facsimile number of the party filing the document;
(2) the commission case number, board decision number, and board claim number; and
(3) the title of the document.
(c) Unless otherwise provided in this chapter or by order of the chair or commission, memoranda in support of or in opposition to a motion are limited to 15 pages. Reply memoranda by the moving party are not permitted unless ordered by the chair.
(d) An appellant's brief is limited to 50 pages and must include
(1) a statement of the issues presented for review;
(2) a statement of the facts;
(3) a brief description of the proceedings before the board;
(4) a statement of the applicable standard of review;
(5) a section discussing the appellant's arguments on the issues presented;
(6) a short conclusion stating the precise relief sought; and
(7) references to documents in the appellant's excerpt of record that support each factual assertion in the appellant's brief.
(e) An appellee's brief is limited to 50 pages and must include
(1) a section discussing that appellee's arguments on the issues presented;
(2) a section addressing any of the subjects or requirements under (d) of this section if that appellee is dissatisfied with the appellant's statements in those respects; and
(3) references to documents in that appellee's excerpt of record that support each factual assertion in that appellee's brief.
(f) An appellant's reply brief is limited to 20 pages and must include references to documents in the appellant's excerpt of record or supplemental excerpt of record that support each factual assertion in the appellant's reply brief.
(g) In a cross-appeal, a brief from an appellee who is cross-appealing is limited to 60 pages and must include, in addition to the items required for an appellee's brief as provided under (e) of this section,
(1) a section discussing that party's claims of error and the claims of error raised in the original appellant's brief; and
(2) references to documents in the excerpt of record from the appellee who is cross-appealing that support each factual assertion in the brief.
(h) In a cross-appeal, the reply brief from an appellant who is also a cross-appellee is limited to 30 pages and must include, in addition to the items required for an appellant's reply brief as provided under (f) of this section,
(1) a section discussing both the claims of error in the cross-appellant's brief and the claims of error in the original appellant's brief; and
(2) references to documents in the excerpt of record or supplemental excerpt of record from the appellant who is also a cross-appellee that support each factual assertion in the reply brief.
(i) References in briefing under (d)(7), (e)(3), (f), (g)(2), and (h)(2) of this section to documents in the parties' excerpts of record or supplemental excerpts of record must contain the respective excerpt of record or supplemental excerpt of record page number for each document, as provided in 8 AAC 57.180(d)(1).
(j) The chair may reject a party's brief, memorandum, or other document filed with the commission if it fails to conform to the requirements in AS 23.30.125 - 23.30.128 or the requirements in this chapter. In that event, the chair will issue a written notice to the party that
(1) specifies the nature of the failure; and
(2) states that if the party fails to take appropriate corrective action not later than 20 days after the date shown in the certificate of distribution, unless distributed by mail, of the written notice,
(A) the appeal may be dismissed; or
(B) the party may be prohibited from further participation in the appeal.

8 AAC 57.150

Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249, April 2024

Authority:AS 23.30.008

AS 23.30.009

AS 23.30.127

AS 23.30.128