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