Briefs

Federal Rules of Bankruptcy Procedure

Rule: 8014

Jurisdiction: US

Bluebook Citation: Fed. R. Bankr. P. 8014

(a) APPELLANT’S BRIEF. The appellant’s brief must contain the following under appropriate headings and in the order indicated: (1) a disclosure statement, if required by Rule 8012; (2) a table of contents, with page references; (3) a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with references to the pages of the brief where they are cited; (4) a jurisdictional statement, including: (A) the basis for the bankruptcy court’s subject-matter jurisdiction, citing applicable statutory provisions and stating relevant facts establishing jurisdiction; (B) the basis for the district court’s or BAP’s jurisdic- tion, citing applicable statutory provisions and stating relevant facts establishing jurisdiction; (C) the filing dates establishing the timeliness of the ap- peal; and (D) an assertion that the appeal is from a final judg- ment, order, or decree—or information establishing the district court’s or BAP’s jurisdiction on another basis; (5) a statement of the issues presented and, for each one, a concise statement of the applicable standard of appellate re- view; (6) a concise statement of the case setting out the facts rel- evant to the issues submitted for review, describing the rel- evant procedural history, and identifying the rulings pre- sented for review, with appropriate references to the record; (7) a summary of the argument, which must contain a suc- cinct, clear, and accurate statement of the arguments made in the body of the brief, and which must not merely repeat the argument headings; (8) the argument, which must contain the appellant’s con- tentions and the reasons for them, with citations to the au- thorities and parts of the record on which the appellant relies; (9) a short conclusion stating the precise relief sought; and (10) the certificate of compliance, if required by Rule 8015(a)(7) or (b). Rule 8015 FEDERAL RULES OF BANKRUPTCY PROCEDURE 114 (b) APPELLEE’S BRIEF. The appellee’s brief must conform to the requirements of (a)(1)–(8) and (10), except that none of the follow- ing need appear unless the appellee is dissatisfied with the appel- lant’s statement: (1) the jurisdictional statement; (2) the statement of the issues and the applicable standard of appellate review; and (3) the statement of the case. (c) REPLY BRIEF. The appellant may file a brief in reply to the appellee’s brief. A reply brief must comply with (a)(2)–(3). (d) SETTING OUT STATUTES, RULES, REGULATIONS, OR SIMILAR AU- THORITIES. If the court’s determination of the issues presented re- quires the study of the Code or other statutes, rules, regulations, or similar authority, the relevant parts must be set out in the brief or in an addendum. (e) BRIEFS IN A CASE INVOLVING MULTIPLE APPELLANTS OR APPEL- LEES. In a case involving more than one appellant or appellee, in- cluding consolidated cases, any number of appellants or appellees may join in a brief, and any party may adopt by reference a part of another’s brief. Parties may also join in reply briefs. (f) CITATION OF SUPPLEMENTAL AUTHORITIES. If pertinent and sig- nificant authorities come to a party’s attention after the party’s brief has been filed—or after oral argument but before a decision— a party may promptly advise the district or BAP clerk by a signed submission, with a copy to all other parties, setting forth the cita- tions. The submission must state the reasons for the supplemental citations, referring either to the pertinent page of a brief or to a point argued orally. The body of the submission must not exceed 350 words. Any response must be similarly limited, and it must be made within 7 days after service unless the court orders other- wise. (Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 2, 2024, eff. Dec. 1, 2024.)

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