Section 5528. Content of briefs and appendices  


Latest version.
  • (a) Appellant's brief and
      appendix.    The  brief  of the appellant shall contain in the following
      order:
        1. a table of contents,  which  shall  include  the  contents  of  the
      appendix,  if it is not bound separately, with references to the initial
      page of each paper printed  and  of  the  direct,  cross,  and  redirect
      examination of each witness;
        2.  a  concise  statement,  not  exceeding two pages, of the questions
      involved  without  names,  dates,  amounts  or  particulars,  with  each
      question  numbered, set forth separately and followed immediately by the
      answer, if any, of the court from which the appeal is taken;
        3. a concise statement of the nature of the  case  and  of  the  facts
      which  should  be  known  to  determine  the  questions  involved,  with
      supporting references to pages in the appendix;
        4. the argument for the appellant, which shall be divided into  points
      by appropriate headings distinctively printed; and
        5.  an  appendix,  which may be bound separately, containing only such
      parts of the record on appeal as are necessary to consider the questions
      involved, including those parts the appellant reasonably assumes will be
      relied upon by the respondent; provided,  however,  that  the  appellate
      division  in  each  department  may by rule applicable in the department
      authorize an appellant at his election  to  proceed  upon  a  record  on
      appeal  printed  or reproduced in like manner as an appendix, and in the
      event of such election an appendix shall not be required.
        (b) Respondent's brief and appendix. The brief of the respondent shall
      conform  to  the  requirements  of  subdivision  (a),  except   that   a
      counterstatement  of the questions involved or a counterstatement of the
      nature and facts of the case shall be included only  if  the  respondent
      disagrees  with  the  statement  of the appellant and the appendix shall
      contain only such additional parts of the record  as  are  necessary  to
      consider the questions involved.
        (c)  Appellant's  reply  brief  and  appendix.  Any reply brief of the
      appellant shall conform to the requirements of subdivision  (a)  without
      repetition.
        (d) Joint appendix. A joint appendix bound separately may be used.  It
      shall be filed with the appellant's brief.
        (e)  Sanction.  For any failure to comply with subdivision (a), (b) or
      (c) the court to which the appeal is taken may withhold or impose costs.