Legal Updates /

Superior Court Amends Briefing Requirements Effective July 15, 2017

By Sara E. Bussiere

Effective July 15, 2017, Superior Court Civil Rules of Procedure 107(b) and (h), which govern the typeface and type-volume requirements for briefs, will be amended.  Rule 107(b) will require that all briefs, including footnotes, be in 14-point type in Times New Roman font.  In addition, the page count previously set forth in Rule 107(h) has been replaced with a word count (see summary below for specific requirements).  Amended Rule 107(h) will also require a Certificate of Compliance With Typeface and Type-Volume Limitations, as set forth in Form 48.  Finally, Rule 107(j), a new rule, will permit the inclusion of an appendix of documents or testimony from the factual record in support of a party’s position, so long as those materials are not duplicative of materials previously provided by another party.

A copy of the Order amending the aforementioned Rules can be found here.

Below please find a summary of the key brief requirements following the July 15, 2017 amendments, with changes underlined for emphasis:

Typeface Requirements (Rule 107(b)):

  • Double spaced
  • Times New Roman
  • 14-point font
  • 2 spaces between sentences
  • Footnotes: single spaced, 14 point font, 2 spaces between sentences

 

Form (Rule 107(d)):

  • Cover must contain:
    • case caption
    • case number
    • names and addresses of counsel
  • 5 X 11 in. paper, bound left margin
  • Citations:
    • Reported cases: The Bluebook: A Uniform System of Citation
    • Unreported cases: any of the three alternatives:
      • LEXIS – Fox v. Fox, 1998 LEXIS 179 (Del. Supr.)
      • WESTLAW – Fox v. Fox, 1998 WL 280361 (Del. Supr.)
      • DELAWARE – Fox v. Fox, Del. Supr., No. 510, 1997, Berger, J. (May 14, 1998)

 

Contents (Rule 171(e)):

  • Table of contents or index
  • Table of citations arranged alphabetically
  • In the first brief of each party, a statement of the case, including a statement of the nature of the proceedings and a concise chronological statement, in narrative form, of all relevant facts with page references to the transcript of testimony, if any, and to any pleadings and exhibits
  • Statement of the questions involved
  • Argument, divided into sections under appropriate headings, one section to be devoted to each of the questions involved

 

Length of Briefs (Rule 107(h)):

  • Type-volume limitation (exclusive of cover page, tables of contents and authorities, and appendix):
    • Opening/Answering: 8,000
    • Reply: 5,500
  • Certificate of Compliance Required
    • Certify brief complies with typeface requirement of Rule 107(b) and typeface requirement of Rule 107(h)(1)
    • Must state number of words in the brief (may be counted by Microsoft Word)
    • Form 48

 

 

 

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