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Brief Filing Checklist | Pdf Fpdf Docx | Official Federal Forms

Last updated: 4/1/2019

Brief Filing Checklist

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SEVENTH CIRCUIT BRIEF FILING CHECKLISTNOTE: Items 1-2 are in Monospaced type and items 3-30 are inProportional type.1. The docketing fee, if applicable, must be paid. Cir. R.3(b).2. Lead counsel must be admitted to practice before the SeventhCircuit within thirty days of docketing. See Cir. R. 46. Attorneysfor any federal, state or local government office or agency may appearin connection with their official duties without being admitted topractice before the court.3. All briefs and rehearings must be filed electronically. See Cir. R. 25 and ECFProcedures. The electronic version must be in Portable Document Format (PDF) generatedby printing to PDF from the original word processing file. See ECF User Manual pages 4-5, Common Terms.4. Paper copies are also required for a brief, appendix, rehearing and answer. The courtrequires 15 copies of a brief or petition for rehearing, 10 copies of a separate appendix and30 copies of a petition for rehearing enbanc. See ECF Procedures a(4) and h(2).5. Fed. R. App. P. 32(a)(2) requires that the front cover contain:a) The number of the case and any consolidated case still pending at the time offiling, centered at the top; b) The name of the court;c) The title of the case (see Cir. R. 12(a)):d) The nature of the proceeding (e.g. Appeal, Petition for Review, etc.) and thename of the court, agency or board below; the name of the judge magistrate judge orALJ below.e) The title of the brief identifying the party or parties for whom the brief is filed (e.g. Brief of Appellant, Brief of Appellee (if separate briefs of appellants orappellees are being filed, name the individual on the cover of the brief); andf) The name, address and telephone number(s) of counsel representing the party orparties for whom the brief is filed.6. The brief must be timely filed. Fed. R. App. P. 31(a) and Cir. R. 31(a) and ECF UserManual page 8, Filing Complete at Date and Time Shown on NDA.7. The brief should be clearly readable and the page size, margin and spacingrequirements must be adhered to. Fed. R. App. P. 32(a)(4). Rule 32(a)(5) allows eitherproportionally spaced or monospaced type. Proportional type must include serifs for textand footnotes American LegalNet, Inc. SEVENTH CIRCUIT BRIEF FILING CHECKLISTbut sans-serif type may be used for headings and captions. Proportional type must be 12points or larger (footnotes 11 points or larger). Cir. R. 32(b). Monospaced type may notcontain more than 10.5 characters per inch. The typed matter must be set in plain romanstyle although italics or boldface may be used for emphasis and case names must beitalicized or underlined. Fed. R. App. P. 32(a)(6). This type size rule applies to briefs,petitions, answers, motions and responses. Fed. R. App. P. 32.8. Text in a brief, appendix, petition, and answer must be reproduced with a clarity that equals or exceeds the output of a laser printer. Fed. R. App. P. 32(a)(1)(B).9. The appellant222s or petitioner222s opening brief must contain, under appropriate headings and in the order indicated, the following eleven sections indicated in Fed. R. App. P. 28(a);a) A Disclosure Statement, which must be updated if the information contained in itchanges. If updated, it should be entitled an "Amended Disclosure statement." Fed R. App. P. 26.1; Cir. R. 26.1; Fed. R. App. P. 28(a)(1).b) A table of contents; with page references. Fed. R. App. P. 28(a)(2).c) A table of authorities/cases (alphabetically-arranged), statutes and otherauthorities with references to pages where they are cited in the brief. Fed. R. App.P.28(a)(3).d) A complete jurisdictional statement which complies with Fed. R. App. P. 28(a)(4)and Cir. R. 28(a). Counsel must consult these rules as they have very specific anddetailed requirements. (i) The appellee must provide a statement that the appellant's jurisdictionalstatement is "complete and correct." If the appellant's jurisdictionalstatement is not complete and correct, the appellee must provide, in full, acomplete and correct jurisdictional statement. Merely pointing out an error inthe appellant222s jurisdictional statement is not sufficient. Cir. R. 28(b). UnitedStates v. Naud, 830 F.2d 768 (7th Cir. 1987) (The appellee is advised to statethat the appellant's jurisdictional statement is not complete and correct).Also see Practitioner222s Handbook.e) A statement of issues presented for review. Fed. R. App. P. 28(a)(5).f) The brief must contain a concise statement of the case; setting out the facts relevant to theissues submitted for review, describing the relevant procedural history, and identifying therulings presented for review, with appropriate references to the record (see Rule 28(e)); American LegalNet, Inc. SEVENTH CIRCUIT BRIEF FILING CHECKLISTg)A summary of argument, which must contain a succinct, clear, and accuratestatement of the arguments made in the body of the brief, and which mustnot merely repeat the argument headings. Fed. R. App. P. 28(a)(7).(a.) An argument which must contain: Fed. R. App. P. 28(a)(8)(1) appellant222s contentions and the reasons for them, with citations to theauthorities and parts of the record on which the appellant relies; and(2) for each issue, a concise statement of the applicable standard ofreview (which may appear in the discussion of the issue or under a separateheading placed before the discussion of the issue). Fed. R. App. P. 28(a)(8)(B).If the appellee disagrees, the appellee should set forth its contention as to thecorrect standard of review in its brief. Fed. R. App. P. 28(b).(h) A short conclusion stating the precise relief sought with electronic signature.Fed. R.App. P. 28(a)(9).(i) A certificate of compliance with the length requirements of Fed. R. App. P. 32(g),if required. [also see item # 13 of this checklist].10. There must be a certificate of service. Fed. R. App. P. 25(d).11. The color of the cover of paper copies must be as follows: Fed. R. App. P. 32(a)(2).Appellant's Brief - BLUE Separate Appendix - WHITE - (10 copies required; no page limitation.)Appellee's Brief - REDAppellant's Reply Brief - GRAYAppellant/Cross-Appellee's Combined Reply/Responsive Brief - YELLOWIntervenor Brief - GREENAmicus Curiae - GREEN - (limited to 15 pages or 7000 words.)Supplemental Brief - TANAny Petition For Rehearing (Or Answer, By Order) - WHITE American LegalNet, Inc. SEVENTH CIRCUIT BRIEF FILING CHECKLIST12. Fed. R. App. P. 32(a)(7) and Circuit Rule 32(c) require that principal briefs not exceed30 pages unless it contains no more than the greater of 14,000 words or 1,300 lines of textif a monospaced face is used. Reply briefs must contain no more than half of the typevolume specified in Rule 32(a)(7)(B)(i). Briefs submitted under this section of the rulerequires a certificate of compliance that the brief complies with the volume limitations.NOTE TO USERS OF MICROSOFT WORD 226 Be advised that the word countingfeature of some versions of Microsoft Word may not properly count words in footnotes.Counsel must assure that they count all words in the brief before certifying compliancewith Rule 32. See DeSilva v. DiLeonardi, 185 F.3d 815 (7th Cir. 1999). Briefs less than 30pages do not require a certificate of compliance. Fed. R. App. P. 32(a)(7)(b).13. The brief must be within the volume limitations. Oversize briefs are rarely allowedand only with prior leave of the court. An oversize brief should not be submitted withoutprior order of the court. Fleming v. County of Kane, 855 F.2d 496 (7th Cir. 1988).14. The appellant's or petitioner's main (opening) brief must contain, attached to the brief,a "required short appendix." See Circuit Rules 30(a) and (b).15. Appellant222s brief must contain counsel222s affirmative statement that all materialsrequired by Cir. R. 30(a) & (b) are included in the appendix. Cir. R. 30(d). False certificateunder Rule 30(d) is sufficient reason for substantial fines or summary affirmance. United States v. Rogers, 270 F.3d 1076, 1084 (7th Cir. 2001); In re: Mix, Disciplinary Case D-134,901 F.2d 143 (7th Cir. 1990); Mortell v. Mortell, 887 F.2d 1322 (7th Cir. 1989).16. Being an appellee on one aspect of the case

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