Rule 212 - [Effective until 4/15/2025] Briefs(a) Filing and Serving Briefs.(1) Initial Submission.(A)Time for Serving and Filing Briefs. The appellant shall serve and file the appellant's brief within 30 days after the court gives notice under Rule 210(f) of the due date for appellant's brief. The appellee shall serve and file the appellee's brief within 30 days after service of the appellant's brief. Within 20 days after service of the appellee's brief, appellant shall serve and file either a reply brief or a notice that no reply brief will be filed. In cases involving multiple appellants or appellees who are filing separate briefs, including parties who are deemed to be co-parties under Rule 210(c)(1)(C), the time for filing these briefs shall be extended by 10 days if the parties are preparing excerpts of record in order to allow compliance with Rule 210(c)(1)(B). (B)Number of Copies. On or before the date the party's brief is due, the party shall file with the clerk the original plus one copy of the brief, printed or written on only one side of each page, together with proof of service on all parties. (C)Compliance Check. The court will review the brief for compliance with (b) and (c) of this rule and return the original to the party, with a notice of rejection, conditional acceptance, or acceptance, for correction or for duplication and binding. (D)Changes Not Permitted. After a brief is returned for correction or binding, the party shall make no changes to the brief other than those required by the binding process or required by the court in any notice of rejection or conditional acceptance. The party may also correct spelling and typographical errors and correct and update citations for cases already cited in the originally submitted brief. (2)Bound Copies of Briefs. (A)Time for Service; Number of Copies. Within ten days after the clerk returns the brief, the party shall serve two bound copies on each party and shall file with the clerk ten bound copies in an appeal before the supreme court or seven bound copies in an appeal before the court of appeals, unless a different number is specified by the clerk. (B)Form of Bound Copies. Bound copies must be printed or written on both sides of the paper and securely bound along the left margin in a manner that does not obscure the text, and that permits the brief to lie reasonably flat when open. Unless otherwise permitted by the clerk, the copies must be bound using comb or spiral binding, but not staples or metal fasteners. The copies must have a suitable cover consisting of heavy paper in the color indicated: brief of appellant - ivory or light tan; brief of appellee - blue; reply brief - green; and brief of intervenor or amicus curiae - red. (b) Form. The form of a brief is governed by Rule 513.5(b)(1)-(5) and (c) and by this rule. The left and right margins of a brief must each be one inch. The front cover of a brief must contain: (1) the name of the court and the number of the case; (2) the title of the case; (3) the nature of the proceeding (e.g., appeal, petition for review); (4) the name of the court or agency below, the name of the individual who rendered the decision below, and the case number below; (5) the title of the document (e.g., brief of appellant); and (6) the names, addresses, telephone numbers, and bar numbers of counsel for the party concerned and the name of the law firm or organization with whom counsel is affiliated. In criminal cases, the front cover must also include a certificate indicating whether the brief contains information that is confidential under AS 12.61.100 through 12.61.150. The administrative director shall specify the form and content of the certificate. (c) Substantive Requirements.(1)Brief of Appellant. The appellant's brief shall contain the following items under appropriate headings. The items shall be presented in the order here indicated, except the statement of the case may be divided so that the description of the lower court proceedings relevant to a particular issue is paired with the arguments pertaining to that issue: (A) A table of contents, including the titles and subtitles of all arguments, with page references. (B) A table of cases alphabetically arranged, statutes, and other authorities cited, with references to the pages of the brief where they are cited. (C) The constitutional provisions, statutes, court rules, ordinances, and regulations principally relied upon, set out in full or in pertinent part.(D) A jurisdictional statement of the date on which judgment was entered, whether the judgment is final and disposes of all claims by all parties or whether it is a partial final judgment entered under Civil Rule 54(b), and the legal authority of the appellate court to consider the appeal.(E) A list of all parties to the case, without using "et al.," or any similar indication, unless the caption of the case on the cover of the brief contains the names of all parties. This list may be contained in a footnote. (F) A statement of the issues presented for review. In cases involving a cross-appeal, the cross-appellant may present a statement of the issues presented for review that would require determination if the case is to be reversed and remanded for further proceedings in the trial court.(G) A statement of the case, which shall provide a brief description of the facts of the case and the trial court proceedings pertinent to the issues presented on appeal. For each issue, other than those concerning the sufficiency of the evidence, the statement of the case must explain whether, and if so, when and how, that issue was raised and argued in the lower court. For each issue, the statement of the case must identify whether, and if so, when and how, the lower court ruled on that issue. All assertions in the statement of the case must be supported by references to the record as required by paragraph (c)(8).(H) An argument section, which shall explain the contentions of the appellant with respect to the issues on appeal, and the legal and factual support for those contentions, with citations to the authorities, statutes, and parts of the record relied on. The section may be preceded by a summary. Each major contention shall be preceded by a heading indicating the subject matter. References to the record shall conform to the requirements of paragraph (c)(8). For each issue presented, the party must identify the standard of review governing the appellate court's consideration of that issue. For any issue not raised or ruled on in the lower court, the appropriate argument section must address the applicability of the plain error doctrine.
Each major contention shall be preceded by a heading indicating the subject matter. The argument section may be preceded by a summary.
(I) A short conclusion stating the precise relief sought. (J) If the appeal concerns a property division in a divorce case, an appendix consisting of a table listing all assets and liabilities of the parties as reflected in the record, including the trial court's findings as to the nature (marital or individual), value, and disposition of each asset or liability.(2)Brief of Appellee. The appellee's brief shall conform to the requirements of subdivisions (1)(A) through (1)(I) except that a statement of jurisdiction, of the issues, or of the case need not be made unless the appellee is dissatisfied with the statement of the appellant, and a list of all parties need not be included. (3)Reply Brief. The appellant may file a brief in reply to the appellee's brief. The reply brief shall conform to the requirements of subdivisions (1)(A), (1)(B), (1)(C), (1)(H), and (1)(I). This brief may raise no contentions not previously raised in either the appellant's or appellee's briefs. If the appellee has cross-appealed and has not filed a single brief under (c)(6) of this rule, the appellee may file a brief in reply to the response of the appellant to the issues presented by the cross-appeal. No further briefs may be filed except with leave of the court. (4)Length. Exclusive of appendices, the appellant's and appellee's briefs may not exceed 50 numbered pages each. Numbered pages for purposes of this paragraph begin with the jurisdictional statement required by (c)(1)(D) of this rule. The appellant's reply brief may not exceed 20 pages. A motion for leave to file a brief longer than permitted by this paragraph must be accompanied by a copy of the over-length brief proposed to be filed.(5)Brief in Cases of Multiple Parties. In cases involving more than one appellant or appellee, including cases consolidated for purposes of the appeal, any number of either may join in a single brief, and any appellant or appellee may adopt by reference any part of the brief of another. (6)Briefs in Cases Involving Cross-Appeals. (A) Cross-Appellant. An appellee who is also a cross-appellant may elect to file a single brief that both discusses the appellee's claims of error and answers the original appellant. Such a single brief shall be filed on the date the appellee's brief is due. It shall be divided into two sections: the first section shall contain the issues and arguments involved in the cross-appeal and shall be prepared in accordance with (c)(1) of this rule; the second section shall contain the answer to the brief of the appellant and shall be prepared in accordance with (c)(2) of this rule. The single brief may not exceed 50 numbered pages. If the cross-appellant elects to file a single brief, the right to file a reply brief to the answer to the cross-appeal is waived. If the cross-appellant does not elect to file a single brief, the schedule and form for filing briefs in the cross-appeal shall be in accordance with the procedures for an original appeal. (B) Cross-Appellee. If the appellee/ cross-appellant elects to file a single brief under [a], the appellant/cross-appellee may file a single brief containing its reply on the appeal and its response to the cross-appeal This combined brief may not exceed 50 numbered pages. The portions of the combined brief that comprise the reply may not exceed 20 numbered pages. The combined brief must be filed within 30 days of the appellee/cross-appellant's single brief.(7)References in Briefs and in Oral Arguments to Parties. In briefs and oral arguments, counsel are expected to minimize references to parties by such designations as "appellant" and "appellee." It promotes clarity to use the designations used in the trial court or in the agency proceedings, or the actual names of parties, or descriptive terms such as "the employee," the "injured person," "the taxpayer," and so forth. (8)References in Briefs to the Record or Excerpt. References in the briefs to parts of the record reproduced in an excerpt shall be to the pages of the excerpt at which those parts appear. The form for references to pages of the excerpt is [Exc. ____ ]. Briefs may reference parts of the record not reproduced in an excerpt. The form for references to pages of the transcript is [Tr. ___ ] and to pages of the trial court file is [R.___ ]. The form for references to untranscribed portions of the electronic record is [CD (#), at Time 00:00:00 or Tape (#), at Log 00:00:00 or Date at Time 00:00:00].(9)Brief of an Amicus Curiae. A brief of an amicus curiae may be filed only if accompanied by written consent of all the parties, or by leave of the appellate court granted on motion, or at the request of the appellate court. The brief may be conditionally filed with the motion for leave. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. Unless all parties otherwise consent, any amicus curiae shall file its brief within the time allowed to the party whose position as to affirmance or reversal the amicus brief will support, unless the court for cause shown shall grant leave for later filing, in which event it shall specify within what period an opposing party may answer. The brief shall be in the form prescribed by this rule and shall be duplicated and served pursuant to the requirements of Rule 212(a)(2). A motion of an amicus curiae to participate in the oral argument will be granted only for extraordinary reasons.(10)Failure to File Brief. When the appellant's opening brief is not filed as required, Rule 511.5 shall apply. When the appellee's brief is not filed as required, appellee will not be heard at oral argument except on consent of the appellant, or by request of the court. (11)Defective Briefs. When a brief fails to comply with the requirements of these rules, the appellate court, on application of any party or on its own motion, and with or without notice as it may determine appropriate, may: (A) Order the brief to be returned to counsel for correction by interlineation, cancellation, revisions or replacement in whole or in part, and to be refiled with the clerk within a time specified in the order; or (B) Order the brief stricken from the files, with leave to file a new brief within a specified time; or (C) Disregard defects and consider the brief as if it were properly prepared. The authority to return briefs under this section may be exercised by the clerk of court pursuant to Rule 102(f).
(12)Citation of Supplemental Authorities. When pertinent authorities come to the attention of a party after the party's brief has been filed, or after oral argument but before decision, the party may promptly advise the clerk of the court, by letter, with a copy to adversary counsel, setting forth the citations. The party must file an original and the same number of copies of the letter that subparagraph (a)(2)(A) requires for filing bound briefs. There shall be a reference either to the page of the brief or to a point argued orally to which the citations pertain, but the letter shall contain no argument or explanations. Any response shall be made promptly and shall be similarly limited.
SCO 439 effective 11/15/1980; amended by SCO 510 effective 8/30/1982; by SCO 727 effective 12/15/1986; by SCO 737 effective 12/15/1986; by SCO 769 effective 3/15/1987; by SCO 861 effective 7/15/1988; by SCO 868 effective 7/15/1988; by SCO 925 effective 1/15/1989; by SCO 1020 effective 7/15/1990; by SCO 1091 effective 7/15/1992; by SCO 1120 effective 7/15/1993; by SCO 1153 effective 7/15/1994; by SCO 1155 effective 7/15/1994; by SCO 1157 effective 7/15/1994; by SCO 1210 effective 7/15/1995; by SCO 1279 effective 7/31/1997; by SCO 1407 effective 10/15/2000; by SCO 1408 effective 10/15/2000; by SCO 1477 effective 4/15/2003; by SCO 1540 effective 10/15/2004; by SCO 1553 effective 10/15/2004; by SCO 1597 effective 10/15/2006; and by SCO 1659 effective 4/15/2008; and by SCO 1747 effective 10/14/2011and by SCO 1781 effective 10/15/2012; amended July 20, 2016 by Supreme Court Order No. 1885, effective 10/15/2016; amended by SCO 1973 effective 4/15/2022.