§ 84.06 Form of Briefs--Disk Required, When

84.06. Form of Briefs--Disk Required, When

(a) Size--Type--Form. A brief should be prepared using computer software. Such brief shall:

(1) Be on paper of size 8 1/2 X 11 inches;

(2) Be on paper weighing not less than nine pounds to the ream;

(3) Be typed on one side of the paper;

(4) Have a left, right, top and bottom margin of not less than one inch. Page numbers may appear in the bottom margin, but no other text may appear in the margins;

(5) Have all pages paginated after the cover page using Arabic numbers, except that the table of contents and the table of authorities may be paginated with small Roman numerals. Pagination shall be consecutive, except that if the table of contents and the table of authorities are paginated with small Roman numerals, the first page of the remainder of the brief shall be numbered 1;

(6) Use characters throughout the brief, including footnotes, that are not smaller than 13 point, Times New Roman font on Microsoft Word;

(7) Be double-spaced, except that the cover, certificate of service, certificate required by Rule 84.06(c), and signature block may be single-spaced; and

(8) Be securely bound on the left.

(b) Length. Appellant's initial brief and all briefs in a cross appeal except the reply brief shall not exceed:

(1) 31,000 words, or

(2) 2,200 lines of text if the brief uses a monospaced face.

Respondent's brief and a reply brief shall not exceed ninety and twenty-five percent, respectively, of the limits prescribed by this Rule 84.06(b).

All material contained in the brief except the cover, certificate of service, certificate required by Rule 84.06(c), signature block and appendix count toward the word and line limitations.

(c) Certification. A brief submitted under Rule 84.06(b) shall contain a certificate by the lawyer or person acting pro se that:

(1) Includes the information required by Rule 55.03; and

(2) States that the brief complies with the limitations contained in Rule 84.06(b); and

(3) States the number of words in the brief; or

(4) States the number of lines of monospaced type in the brief.

The person preparing the certificate may rely on the word or line count of the word-processing system used to prepare the brief.

(d) Printed brief. A person unable to produce a brief by computer software may file a commercially printed brief. Such brief shall:

(1) Have pages measuring 6 1/8 inches by 9 1/4 inches;

(2) Be printed on opaque and unglazed paper;

(3) Use type matter set in large 11 point type face on 14-point body, 25 picas wide (4 1/6 inches), not to exceed thirty-seven lines per page, including folio or page number;

(4) Have all pages consecutively numbered after the cover page;

(5) Have “Points Relied On” in bold face type;

(6) Have authorities cited thereunder be indented 2 ems on left side only, with run-over lines indented 4 ems;

(7) Have footnotes, if any, be of same type as the body of brief;

(8) Have quoted matter be indented 2 ems on left side only; and

(9) Comply with the provisions of Rule 84.06(b) and Rule 84.06(c).

(e) Typewritten brief. A person allowed to appeal as a poor person unable to produce a brief as provided by Rule 84.06(a) or Rule 84.06(d) may file a typewritten brief. Any other person unable to produce a brief as provided by Rule 84.06(a) or Rule 84.06(d) may file, with leave of court, a typewritten brief. Such brief shall:

(1) Be on paper of size 8 1/2 X 11 inches:

(2) Be on paper weighing not less than nine pounds to the ream;

(3) Be typed on one side of the paper;

(4) Have a left, right, top and bottom margin of not less than one inch. Page numbers may appear in the bottom argin, but no other text may appear in the margins;

(6) Use fixed space type not less than a ten pitch and ten characters to the inch;

(7) Be double-spaced, except that the cover, certificate of service, and signature block may be single-spaced; and

(8) Be securely bound on the left. A brief prepared pursuant to this Rule 84.06(e) shall not exceed the following page limitations:

(A) Appellant's brief and all briefs in a cross appeal except the reply brief, 100 pages;

(B) Respondent's brief, 90 pages;

(f) Color Coding of Filings. Briefs shall have a suitable cover in the color indicated:

(1) In the Court of Appeals:

(A) Briefs on the merits for appellants, relators, or petitioners, white;

(B) Briefs on the merits for respondents, gray;

(D) Reply briefs, light orange; and

(E) Briefs of amicus curiae or intervenors, light red.

(2) In this Court:

(A) Briefs on the merits for appellants, relators, or petitioners, light blue;

(B) Briefs on the merits for respondents, cream or buff;

(D) Reply briefs, yellow; and

(E) Briefs of amicus curiae or intervenors, green.

(3) Counsel or a person acting pro se shall be certain that there is adequate contrast between the printing and the color of the cover.

(g) Electronic Copy--Filing. If a brief is prepared as required by Rule 84.06(a), in addition to filing briefs as required by Rule 84.05(a), an electronic copy, in a commonly used medium, such as a diskette or CD-ROM, in a format that can be read by most commonly used word processing programs, such as Word for Windows or WordPerfect 5.x or higher, shall be filed.

An adhesive label shall be affixed to each disk legibly identifying:

(1) The caption of the case,

(2) The party or amicus curiae filing the disk,

(3) The disk number (e.g., “Disk 1 of 2”,) and

(4) The word processing format (e.g., Microsoft Word for Windows).

The filing party shall certify that the electronic copy has been scanned for viruses and that it is virus-free.

If a brief on electronic copy is filed, service of the brief shall consist of serving one copy of the brief in the standard, printed, or typewritten form specified by Rule 84.06(a),(d), or (e), respectively, and one copy of the electronic copy required by this Rule 84.06(g).

The person on whom an electronic copy of the brief is served may waive receiving the brief in the standard printed or typewritten form.

(h) Briefs by Electronic Mail in this Court. In addition to filing briefs in this Court as required by Rule 84.05(a), an electronic mail file containing the brief may be filed.

The electronic mail message shall include:

(1) The caption of the case,

(2) The party or amicus curiae filing the brief, and

(3) The word processing format (e.g., Microsoft Word for Windows).

Word format shall be used if available. If Word is unavailable, the material shall be formatted in WordPerfect 5.x or higher.

The filing party shall certify that the file has been scanned for viruses and that it is virus-free.

If an electronic mail message containing the brief is filed, service of the brief shall consist of serving one copy of the brief in the standard, printed, or typewritten form specified by Rule 84.06(a),(d), or (e), respectively, and one copy of the electronic mail file permitted by this Rule 84.06(h).

The person on whom an electronic mail message containing the brief is served may waive receiving the brief in the standard, printed, or typewritten form.