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The document summarizes the requirements for an appellant's brief filed in the 8th Circuit Court of Appeals. It must include: (1) a table of contents with page references; (2) a table of authorities citing cases, statutes, and other references with page numbers; and (3) a jurisdictional statement establishing the basis for appeal. It must also include: (4) a statement of the issues presented; (5) a statement of the case briefly explaining the nature, course, and outcome below; (6) a statement of relevant facts with record references; (7) a summary of the argument; and (8) the argument containing appellant's contentions, applicable standards of review, and requested relief. The brief
The document summarizes the requirements for an appellant's brief filed in the 8th Circuit Court of Appeals. It must include: (1) a table of contents with page references; (2) a table of authorities citing cases, statutes, and other references with page numbers; and (3) a jurisdictional statement establishing the basis for appeal. It must also include: (4) a statement of the issues presented; (5) a statement of the case briefly explaining the nature, course, and outcome below; (6) a statement of relevant facts with record references; (7) a summary of the argument; and (8) the argument containing appellant's contentions, applicable standards of review, and requested relief. The brief
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The document summarizes the requirements for an appellant's brief filed in the 8th Circuit Court of Appeals. It must include: (1) a table of contents with page references; (2) a table of authorities citing cases, statutes, and other references with page numbers; and (3) a jurisdictional statement establishing the basis for appeal. It must also include: (4) a statement of the issues presented; (5) a statement of the case briefly explaining the nature, course, and outcome below; (6) a statement of relevant facts with record references; (7) a summary of the argument; and (8) the argument containing appellant's contentions, applicable standards of review, and requested relief. The brief
Copyright:
Attribution Non-Commercial (BY-NC)
Verfügbare Formate
Als DOC, PDF, TXT herunterladen oder online auf Scribd lesen
• Briefs filed in 8th Circuit - web links to sample/reference briefs
o Peltier v. FBI, 563 F.3d 754 (2009) - http://www.leonardpeltier.net/documents/Brief5.pdf o Faber v. Menard, Inc., 367 F.3d 1048 (2004) - http://www.citizen.org/documents/brief.pdf • Must contain, under appropriate headings and in the order indicated: TOC w/pg references TOA - cases (alphabetically), statutes, and other authority, with page references to where they are cited in the brief Jurisdictional statement: • Basis of Court of Appeals' jurisdiction, citing to applicable statutory provisions and stating relevant facts establishing jurisdiction • Filing dates establishing timeliness of appeal • Assertion that the appeal is from a final order or judgment that disposes of all parties' claims, or information establishing the court of appeals' jurisdiction on some other basis Statement of the issues presented for review • 8th Circuit Local Rule: (2) STATEMENT OF ISSUES. In addition to the requirement of FRAP 28(a)(5), the statement of issues shall include for each issue a list of the most apposite cases, not to exceed 4, and the most apposite constitutional and statutory provisions. Statement of the case, briefly indicating the nature of the case, the course of proceedings, and the disposition below • 8th Circuit Local Rule: --> ASK PROF. CAMPBELL ABOUT THIS - 1ST THING IN THE BRIEF? (1) SUMMARY OF THE CASE. Each appellant must file a statement not to exceed 1 page providing a summary of the case, the reasons why oral argument should or should not be heard, and the amount of time (15, 20, or 30 minutes, or in an extraordinary case, more than 30 minutes) necessary to present the argument. The summary must be placed as the first item in the brief. If appellee deems appellant's statement incorrect or incomplete, appellee may include a responsive statement in appellee's brief. Statement of facts relevant to the issues submitted for review with appropriate references to the record Summary of the argument, which must contain a succinct, clear, and accurate statement of the arguments made in the body of the brief, and which must not merely repeat the argument headings The argument, which must contain: • appellant's contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies • for each issue, a concise statement of the applicable standard of review (which may appear in the discussion of the issue or under a separate heading placed before the discussion of the issues) • a short conclusion stating the precise relief sought; and • the certificate of compliance, if required by Rule 32(a)(7) o Rule 32 requirements: • Length of brief: principal brief (appellant) may not exceed 30 pages • Cover of brief (appellant) must be BLUE; bound securely but not so as to obscure text • 1-inch margins on all four sides; page numbers may appear in margins, but not text • Double-spaced, but quotes of 2+ lines may be indented and single-spaced. • Plain Times New Roman font; case names may be italicized or underlined; font size 14 or larger. (??)