Form of Briefs

(a) Front Cover. Fed. R. Bankr. P. 8015(a)(2)(A)-(D) is satisfied if the front cover of the brief contains the caption provided by this Court. (b) Typeface. Notwithstanding Fed. R. Bankr. P. 8015(a)(5), briefs will be accepted if the typeface is no smaller than a 12- point font. Footnote font size should be the same as that used in the body of the brief. (c) References To Appendix. Briefs must reference documents in an appendix and must be to specific pages of the appendix (e.g., Appellant’s App. at 27, or Appellee’s Supp. App. at 14). (d) Length of Brief. The Statement of Related Cases, required by 10th Cir. BAP L.R. 8014-1, is excluded from the length limits in Fed. R. Bankr. P. 8015(a)(7) and 8016(d). (e) Deficiencies in Briefs and Appendices. Issuance of any notice of deficiency for failure to comply with the requirements set forth in the Federal Rules of Bankruptcy Procedure or these Rules suspends the briefing schedule unless the court orders otherwise. (f) Disfavored Practices. Motions to exceed word counts are disfavored and will be denied unless extraordinary and compelling circumstances can be shown. A motion filed within 14 days of the brief’s due date must show why earlier filing was not possible. Incorporating by reference parts of lower court or prior briefs or pleadings is disapproved. 58 Rule 8016. Cross-Appeals (a) Applicability. This rule applies to a case in which a cross-appeal is filed. Rules 8014(a)-(c), 8015(a)(7)(A)-(B), and 8018(a)(1)-(3) do not apply to such a case, unless this rule states otherwise. (b) Designation of Appellant. The party who files a notice of appeal first is the appellant for purposes of this rule and Rules 8018(a)(4) and (b) and 8019. If notices are filed on the same day, the plaintiff, petitioner, applicant, or movant in the proceeding below is the appellant. These designations may be modified by the parties’ agreement or by court order. (c) Briefs. In a case involving a cross-appeal: (1) Appellant’s Principal Brief. The appellant must file a principal brief in the appeal. That brief must comply with Rule 8014(a). (2) Appellee’s Principal and Response Brief. The appellee must file a principal brief in the cross-appeal and must, in the same brief, respond to the principal brief in the appeal. That brief must comply with Rule 8014(a), but the brief need not include a statement of the case unless the appellee is dissatisfied with the appellant’s statement. (3) Appellant’s Response and Reply Brief. The appellant must file a brief that responds to the principal brief in the cross-appeal and may, in the same brief, reply to the response in the appeal. That brief must comply with Rule 8014(a)(2)-(8) and (10), but none of the following need appear unless the appellant is dissatisfied with the appellee’s statement in the cross-appeal: (A) the jurisdictional statement; (B) the statement of the issues; (C) the statement of the case; and (D) the statement of the applicable standard of appellate review. 59 (4) Appellee’s Reply Brief. The appellee may file a brief in reply to the response in the cross-appeal. That brief must comply with Rule 8014(a)(2)-(3) and (10) and must be limited to the issues presented by the cross-appeal. (d) Length. (1) Page Limitation. Unless it complies with (2), the appellant’s principal brief must not exceed 30 pages; the appellee’s principal and response brief, 35 pages; the appellant’s response and reply brief, 30 pages; and the appellee’s reply brief, 15 pages. (2) Type-Volume Limitation. (A) Appellant’s Brief. The appellant’s principal brief or the appellant’s response and reply brief is acceptable if it includes a certificate under Rule 8015(h) and: (i) contains no more than 13,000 words; or (ii) uses a monospaced face and contains no more than 1,300 lines of text. (B) Appellee’s Principal and Response Brief. The appellee’s principal and response brief is acceptable if it includes a certificate under Rule 8015(h) and: (i) contains no more than 15,300 words; or (ii) uses a monospaced face and contains no more than 1,500 lines of text. (C) Appellee’s Reply Brief. The appellee’s reply brief is acceptable if it includes a certificate under Rule 8015(h) and contains no more than half the type volume specified in (A). (e) Time to Serve and File a Brief. Briefs must be served and filed as follows, unless the district court or BAP by order in a particular case excuses the filing of 60 briefs or specifies different time limits: (1) the appellant’s principal brief, within 30 days after the docketing of a notice that the record has been sent or is available electronically; (2) the appellee’s principal and response brief, within 30 days after the appellant’s principal brief is served; (3) the appellant’s response and reply brief, within 30 days after the appellee’s principal and response brief is served; and (4) the appellee’s reply brief, within 14 days after the appellant’s response and reply brief is served but at least 7 days before scheduled argument—unless the district court or BAP, for cause, allows a later filing. No local rule. 61 Rule 8017. Brief of an Amicus Curiae (a) During the Initial Consideration of a Case on the Merits. (1) Applicability. This subdivision (a) governs amicus filings during a court’s initial consideration of a case on the merits. (2) When Permitted. The United States, its officer or agency, or a state may file an amicus brief without the parties’ consent or leave of court. Any other amicus curiae may file a brief only by leave of court or if the brief states that all parties have consented to its filing, but a district court or BAP may prohibit the filing of or may strike an amicus brief that would result in a judge’s disqualification. On its own, and with notice to all parties to an appeal, the district court or BAP may request a brief by an amicus curiae. (3) Motion for Leave to File. A motion for leave must be accompanied by the proposed brief and state: (A) the movant’s interest; and (B) the reason why an amicus brief is desirable and why the matters asserted are relevant to the disposition of the appeal. (4) Content and Form. An amicus brief must comply with Rule 8015. In addition, the cover must identify the party or parties supported and indicate whether the brief supports affirmance or reversal. If an amicus curiae is a corporation, the brief must include a disclosure statement like that required of parties by Rule 8012. An amicus brief need not comply with Rule 8014, but must include the following: (A) a table of contents, with page references; (B) a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with references to the pages of the brief where they are cited; (C) a concise statement of the identity of the amicus curiae, its interest 62 in the case, and the source of its authority to file; (D) unless the amicus curiae is one listed in the first sentence of (2), a statement that indicates whether: (i) a party’s counsel authored the brief in whole or in part; (ii) a party or a party’s counsel contributed money that was intended to fund preparing or submitting the brief; and (iii) a person—other than the amicus curiae, its members, or its counsel—contributed money that was intended to fund preparing or submitting the brief and, if so, identifies each such person; (E) an argument, which may be preceded by a summary and need not include a statement of the applicable standard of review; and (F) a certificate of compliance, if required by Rule 8015(h). (5) Length. Except by the district court’s or BAP’s permission, an amicus brief must be no more than one-half the maximum length authorized by these rules for a party’s principal brief. If the court grants a party permission to file a longer brief, that extension does not affect the length of an amicus brief. (6) Time for Filing. An amicus curiae must file its brief—accompanied by a motion for leave to file when required—within 7 days after the principal brief of the party being supported is filed. An amicus curiae that does not support either party must file its brief within 7 days after the appellant’s principal brief is filed. The district court or BAP may grant leave for later filing, specifying the time within which an opposing party may answer. (7) Reply Brief. Except by the district court’s or BAP’s permission, an amicus curiae may not file a reply brief. (8) Oral Argument. An amicus curiae may participate in oral argument 63 only with the district court’s or BAP’s permission. (b) During Consideration of Whether to Grant Rehearing. (1) Applicability. This subdivision (b) governs amicus filings during a district court’s or BAP’s consideration of whether to grant a rehearing, unless a local rule or order in a case provides otherwise. (2) When Permitted. The United States, its officer or agency, or a state may file an amicus brief without the parties’ consent or leave of court. Any other amicus curiae may file a brief only by leave of court. (3) Motion for Leave to File. Paragraph (a)(3) applies to a motion for leave to file. (4) Content, Form, and Length. Paragraph (a)(4) applies to the amicus brief. The brief must include a certificate under Rule 8015(h) and not exceed 2,600 words. (5) Time to File. An amicus curiae supporting a motion for rehearing or supporting neither party must file its brief—accompanied by a motion for filing when required—within 7 days after the motion is filed. An amicus curiae opposing the motion for rehearing must file its brief—accompanied by a motion for leave to file when required—no later than the date set by the court for the response. No local rule. 64 Rule 8018. Serving and Filing Briefs and Appendices (a) Time to Serve and File a Brief. Unless the district court or BAP by order in a particular case excuses the filing of briefs or sets a different time, the following time limits apply: (1) Appellant’s Brief. The appellant must serve and file a brief within 30 days after the docketing of notice that the record has been sent or that it is available electronically. (2) Appellee’s Brief. The appellee must serve and file a brief within 30 days after the appellant’s brief is served. (3) Appellant’s Reply Brief. The appellant may serve and file a reply brief within 14 days after service of the appellee’s brief but at least 7 days before scheduled argument—unless the district court or BAP, for cause, allows a later filing. (4) Consequence of Failure to File. If an appellant fails to file a brief on time or within an extended time authorized under (a)(3), the district court or BAP may—on its own after notice or on the appellee’s motion—dismiss the appeal. An appellee who fails to file a brief will not be heard at oral argument unless the district court or BAP grants permission. (b) Duty to Serve and File an Appendix. (1) Appellant’s Duty. Subject to (e) and Rule 8009(d), the appellant must serve and file with its principal brief an appendix containing excerpts from the record. It must contain: (A) the relevant docket entries; (B) the complaint and answer, or equivalent filings; (C) the judgment, order, or decree from which the appeal is taken; (D) any other orders, pleadings, jury instructions, findings, conclusions, or 65 opinions relevant to the appeal; (E) the notice of appeal; and (F) any relevant transcript or portion of it. (2) Appellee’s Appendix. The appellee may serve and file with its brief an appendix containing any material that is required to be included or is relevant to the appeal or cross-appeal but that is omitted from the appellant’s appendix. (3) Cross-Appellee’s Appendix. The appellant—as cross-appellee—may also serve and file with its response an appendix containing material that is relevant to matters raised initially by the cross-appeal but that is omitted by the cross-appellant. (c) Format of the Appendix. (1) Content. The appendix must: (A) begin with a table of contents identifying the page at which each part begins; (B) put the relevant docket entries after the table of contents; (C) then put other parts of the record chronologically; (D) when transcript pages are included, show the transcript page numbers in brackets immediately before the included pages; and (E) indicate omissions from the text of a document or of the transcript by asterisks. (2) Immaterial Formal Matters. The appendix should not include immaterial formal matters, such as captions, subscriptions, and acknowledgments. (d) Reproducing Exhibits. Exhibits designated for inclusion in the appendix may be reproduced in a separate volume or volumes, suitably indexed. 66 (e) Appeal on the Original Record Without an Appendix. The district court or BAP may, either by rule for all cases or classes of cases or by order in a particular case: (1) dispense with the appendix; and (2) permit an appeal to proceed on the original record with the submission of any relevant parts of the record that the district court or BAP orders the parties to file.