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Rule 13. Content of Briefs

Arizona Revised Statutes AnnotatedRules of Civil Appellate Procedure

Arizona Revised Statutes Annotated
Rules of Civil Appellate Procedure (Refs & Annos)
Part III: Appellate Briefs
Arizona Rules of Civil Appellate Procedure (ARCAP), Rule 13
Rule 13. Content of Briefs
(a) Appellant's Opening Brief. An appellant's opening brief must set forth under the following headings and in the following order all of the items listed below, except for items (3) and (10), which are optional.
(1) A “table of contents” with page references. If the brief is filed electronically, and if feasible, the table of contents should include bookmarks to sections of the brief described in items (2) through (10) below.
(2) A “table of citations” that must alphabetically arrange and index the cases, statutes and other authorities cited in the brief, and which must refer to the pages of the brief on which each citation of authority appears.
(3) A short “introduction.”
(4) A “statement of the case” that must concisely state the nature of the case, the course of the proceedings, the disposition in the court from which the appeal is taken, and the basis of the appellate court's jurisdiction. The statement of the case must include appropriate references to the record.
(5) A “statement of facts” that are relevant to the issues presented for review, with appropriate references to the record. A party may combine a statement of facts with the statement of the case.
(6) A “statement of the issues” presented for review. The statement of issues presented for review includes every subsidiary issue fairly comprised within the statement.
(7) An “argument” that must contain:
(A) Appellant's contentions concerning each issue presented for review, with supporting reasons for each contention, and with citations of legal authorities and appropriate references to the portions of the record on which the appellant relies. The argument may include a summary.
(B) For each contention, references to the record on appeal where the particular issue was raised and ruled on, and the applicable standard of appellate review with citation to supporting legal authority. If a ruling challenged on appeal is one that required a party's objection at trial to preserve a right of review, such as a failure to admit or to exclude evidence or the giving of or refusal to give a jury instruction, appellant must include a reference to the record where the objection and ruling are located.
(8) A “notice under Rule 21(a),” if applicable, that the party intends to claim attorneys' fees.
(9) A short “conclusion” stating the precise relief sought.
(10) An “appendix,” as provided in Rule 13.1.
(b) Appellee's Answering Brief.
(1) Generally. The appellee's answering brief must follow the requirements of Rule 13(a), except that it does not need to include a statement of the case, a statement of facts, or a statement of the issues, unless the appellee finds the appellant's statements to be insufficient or incorrect.
(2) Scope of Issues. The appellee's answering brief may include in the statement of issues presented for review and may discuss in the argument any issue that was properly presented in the superior court without the need for a cross-appeal, and the appellate court may affirm the judgment based on any such grounds. An appellate court, however, may modify a judgment to enlarge the rights of the appellee or reduce the rights of the appellant only if the appellee has filed a notice of cross-appeal.
(c) Reply Brief. If the appellant files a reply brief, it must be strictly confined to rebuttal of points made in the appellee's answering brief. A party may file an additional brief after a reply only with the appellate court's permission.
(d) References to the Record. In any brief, references to evidence or other parts of the record must include a citation to the index, exhibit, or page of a certified transcript, authorized transcription, narrative statement, or agreed-upon statement where such evidence or other material appears. In Division One, a brief may cite to a document in the appendix in lieu of citing to the record, but only if the table of contents of the appendix complies with the requirements of Rule 13.1(c)(1). If a party refers to a video or audio recording, the party's brief must provide specific, time-coded references to the relevant portions of the recording.
(e) References to Parties. In briefs and at oral argument, parties should minimize use of the terms “appellant” and “appellee.” For clarity, briefs should use the parties' actual names or the designations used in the superior court or agency proceeding, or such descriptive terms as “the employee,” “the injured person,” “the taxpayer,” “the buyer.”
(f) References to Case Law. Citation of Arizona case law must be to the volume, page number and, if available, the paragraph number, of the official Arizona reporter. Citation of non-Arizona case law must be to the volume and page number of applicable regional or federal reporters. If a case is not available in the official Arizona reporter, or in a regional or federal reporter, a party may provide a citation to an electronic database or another source.
(g) Briefs in Cases Involving Cross-Appeals. If a cross-appeal has been filed, the combined briefs under Rule 15(a)(4) must include a statement of issues that are presented for review in the cross-appeal.
(h) Briefs Involving Multiple Appellants or Appellees. In cases involving more than one appellant or more than one appellee, including consolidated cases, multiple parties may join in a single brief, or an appellant or appellee may adopt by reference any part of the brief of another party. Parties having contentions in common must make a good faith effort to join in a single brief. If there is a contention common to other parties, the filing party must make a good faith effort to adopt by reference the pertinent part of the previously filed brief of another party. The parties in a joint appeal under Rule 8(g) must file a joint brief.
(i) Briefs of Amicus Curiae or Intervenor. An intervenor is a person not a party to a judgment that the appellate court allows to participate as a party in an appeal on motion under Rule 24 of the Arizona Rules of Civil Procedure. An intervenor is subject to any requirements that the court may set. A brief of amicus curiae or an intervenor must comply with Rules 13(a)(1), (2), (7), (8), (9) and (10). A brief of amicus curiae must also comply with the requirements of Rule 16.

Credits

Amended March 10, 1987, effective June 1, 1987; July 27, 1987, effective Nov. 1, 1987; July 28, 1992, effective Dec. 1, 1992. Amended June 10, 1997, effective Jan. 1, 1998; Sept. 18, 2006, effective Jan. 1, 2007; Sept. 1, 2011, effective Jan. 1, 2012; Aug. 28, 2013, effective Jan. 1, 2014; Sept. 2, 2014, effective Jan. 1, 2015.
17B A. R. S. Civil Appellate Proc. Rules, Rule 13, AZ ST CIV A P Rule 13
State Court Rules are current with amendments received and effective through 4/1/22. The Code of Judicial Administration is current with amendments received through 4/1/22.
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