90-351-13 Me. Code R. § 6

Current through 2024-51, December 18, 2024

Section 351-13-6 - Contents of Briefs

1.Appellant's Brief

The appellant's brief must include the following, under appropriate headings and in the order provided:

A. A table of contents with page references;

B. A table of cases, statutes, and other authorities cited;

C. A statement of the facts of the case;

D. A statement of the issues presented for review; and E. The appellant's argument(s), which may include a summary. This section must include the appellant's contentions regarding the issue(s) presented and the legal analysis of those issue(s), with citations to authorities and page references from the appendix or the record, only if the referenced document is not in the appendix. Except for good reason, all documents referenced in the briefs should be included in the appendix.

2.Appellee's Brief

The appellee shall comply with the requirements of subsection 1, except that the appellee may exclude a statement of the facts or the issues if the appellee is satisfied with the appellant's statements.

3.Reply Brief

The appellant/cross-appellee may file a reply brief only on new matters raised in the appellee/cross-appellant's brief. If a cross-appeal is filed, the appellant/cross-appellee shall include the appellant/cross-appellee's answer to the cross-appellant's issues within any reply brief that is filed. The cross-appellant may file a reply to the cross-appellee's brief. Further briefs may only be filed with the permission of the panel acting through the presiding judge.

4.Cross-appellant's Briefs

If a cross-appeal is filed, the cross-appellant shall include the cross-appellant's issues and arguments within the appellee's brief.

5.Amicus Curiae's Brief

An amicus curiae may file a brief only with the written consent of all parties or with the permission of the panel acting through the presiding judge. A motion for permission to file must identify the interest of the applicant and state the reasons an amicus curiae brief is warranted. Except by agreement of the parties, any amicus curiae proceeding under this subsection shall file its brief no later than 14 days after the date the appellee's brief is filed, unless the panel acting through the presiding judge allows later filing for good cause shown. A party may file a brief in reply to the amicus brief only with the permission of the panel acting through the presiding judge.

6.Brief Format

Without prior approval of the panel acting through the presiding judge, briefs may not exceed 20 single-sided printed pages. Briefs may be reproduced by standard printing or by any duplicating process capable of producing a clear black image on white paper. All printed material must appear in at least 12 point font on white, opaque, unglazed paper. The cover of the appellant's brief must be blue; the appellee's, red; an amicus curiae's, green; and any reply brief, gray.

Briefs must be bound in volumes with pages 81/2 x 11 inches and type matter not exceeding 61/2 x 91/2 inches, double-spaced, except quotations. The front cover of the brief must include:

A. The name of the Workers' Compensation Board Appellate Division;

B. The Appellate Division case docket number;

C. The title of the case;

D. The nature of the proceeding before the division (e.g., Appeal);

E. The title of the document (e.g. Brief for Appellant); and F. The name and address of the attorney or advocate filing the document and the name of the party on whose behalf the document is filed; or if a party is unrepresented, the name and address of the party.

The panel or the clerk may request electronic copies of briefs.

7.Historical Appendices

If the appeal involves provisions of the current or former Act or rules no longer in effect, the parties shall include copies of applicable statutory sections or rules as an appendix to their briefs.

90-351 C.M.R. ch. 13, § 6