Briefs

The requirements for briefs are set forth in Federal Rules of Bankruptcy Procedure 8014, 8015, and 8016 and Tenth Circuit BAP Local Rules 8014-1 and 8015-1.  Specifically, a brief must be on 8½-by-11 inch paper, with 1 inch margins and double-spaced text no smaller than 12-point font and contain the following information:

  • Cover page containing the 1) case caption; 2) title “Brief”, and 3) filing party’s name, and 4), counsel or pro se party’address, telephone number, and ECF e-mail address
  • Table of contents with page references (references to documents in an appendix must be to specific pages of the appendix (e.g., Appellant App. at 27))
  • Alphabetical table of authorities with page references
  • Jurisdictional statement;
  • Statement of the issues presented and applicable standard of review
  • Statement of the case setting out the facts
  • Summary of argument (optional)
  • Argument
  • Conclusion
  • Statement of related cases, if any, included as the last page of the brief
  • Any addenda (e.g., text of relevant statutes)

A principal brief must not exceed 30 pages unless it contains no more than 14,000 words or uses a monospaced face and contains no more than 1,300 lines of text, and includes a certificate of compliance that conforms substantially to Official Form 17C Certificate of Compliance.  A reply brief must not exceed 15 pages unless it contains no more than 7,000 words or uses a monospaced face and contains no more than 650 lines of text, and includes a certificate of compliance that conforms substantially to Official Form 17C Certificate of Compliance.

Briefs in Cross Appeals

When an appeal includes a cross-appeal, the briefing schedule is combined as follows:

  1. The appellant/cross-appellee files the first brief, which must comply with the requirements of an appellant’s brief and address the issues presented in the appellant’s appeal.
  2. The appellee/cross-appellant files the second brief, which combines the appellee’s response brief (addressing the issues presented in the appellant’s appeal) and the cross-appellant’s opening brief (complying with the requirements of an appellant’s brief and addressing the issues presented in the cross-appeal).
  3. The appellant/cross-appellee files the third brief, which combines the appellant’s reply brief (addressing the appellee’s response brief) and the cross-appellee’s response brief (addressing the cross-appeal).
  4. The appellee/cross-appellant files the fourth brief, which is a reply brief addressing the cross-appeal.