Rule RAP 31 - Format and Number of Briefs(A)Text.(1)Requirements. All briefs shall be typewritten or typeset and meet the following requirements:(a) Unglazed white paper, 8½ by 11 inches in dimension(b) Single sided, double spaced, and clearly readable.(c) Text, black type no smaller than 12 point set at standard width.(d) Footnotes no smaller than 12 point set at standard width.(e) 1½ inch margin on left side with 1 inch margins on all other sides. (f) Briefs must be securely bound at left side.(g) An appendix that conforms to RAP 32(E).(2)Recommendation. Easily readable fonts are recommended. Examples of easily readable fonts are Century Schoolbook, Century, Times New Roman, and similar fonts. Examples of fonts that are difficult to read are fonts with "narrow" in the title, Comic Sans, Papyrus, and similar fonts.(B)Redactions. CR 7.03 applies to all actions prosecuted under these rules. Initials or a descriptive term must be used instead of a name in cases involving juveniles, allegations of abuse and neglect, termination of parental rights, mental health, and expungements.(C)Cover. All briefs shall be enclosed, front and back, in covers. (1)Contents.(a)Caption. The front cover shall include the case number of the appeal, the case number of the action from which the appeal was taken, a caption identifying the lead appellant and appellee, and the name of the party on whose behalf the brief is submitted.(b)Certificate of Service. The front cover must also contain a signed statement, in accordance with RAP 30(B), that service has been made and that identifies by name the persons served. If the certificate of service will not fit on the front cover, it can carry over onto white paper immediately following the cover.(c)Certificate Regarding Record. Except for briefs on appeal from the Court of Appeals to the Supreme Court, the certificate shall further certify that the record on appeal has been returned to the clerk of the court from which it was withdrawn or that it was not withdrawn by the party filing the brief.(2)Color. The front covers of briefs shall be colored as follows: Appellant-red; Appellee-blue; Appellant's reply brief-yellow; combined Appellee response brief/initial brief as Cross-Appellant-blue; combined Appellant reply brief/response brief as Cross-Appellee-yellow; CrossAppellant's reply brief-yellow.(D)References to Parties. In briefs and at oral argument, counsel should minimize use of the terms "appellant" and "appellee." To make briefs clear, it is recommended that briefs use the parties' actual names, or the designations used in the lower court or agency proceedings, or descriptive terms, such as "the employee" or "the driver."(E)Citation Form.(1)Authorities. Parties shall cite Kentucky statutes from the official edition of the Kentucky Revised Statutes, which may be abbreviated "KRS." Parties shall cite Kentucky cases reported after June 1886 from the Supreme Court and its predecessor court: Doe v. Roe, ___ S.W.2d ____(Ky. [date]); or from the present Court of Appeals (beginning in 1976), Doe v. Roe, ___ S.W.3d ___ (Ky. App. [date]). Case names should be italicized.(2)Unpublished opinions. Citation to unpublished opinions is governed by RAP 41.(3)Certified Written Record. Parties shall cite the certified record by referring to pages as numbered by the clerk, such as "TR __" or, if not possible, to any other point of reference that will readily enable the material to be found.(4)Official Recording. Each reference in a brief to a segment of the designated official recording shall set forth the letters "VR" and the month, day, year, hour, and minute (or second if necessary) at which the reference begins as recorded. For example: VR 10/27/20 at 10:24:05 or VR 10/27/20 at 4:10-16.(F)Number of Copies of Briefs.(1)Court of Appeals - 1 unbound and 4 bound copies. The unbound copy shall replace extruding tabs with separator pages.(2)Supreme Court - 1 unbound and 9 bound copies. If the case in the Supreme Court involves a cross-appeal, then one additional copy for each cross-appeal is required. The unbound copy shall replace extruding tabs with separator pages.(G)Length.(1)Word-count certificate. Any computer-generated briefs exceeding the below page limits for computer generated briefs must include a word-count certificate in conformity with RAP 15.(2)Court of Appeals.(a) An appellant's initial brief and an appellee's response brief shall not exceed 8,750 words or 20 pages if computer generated and shall not exceed 25 pages if handwritten or typewritten.(b) An appellant's reply brief shall not exceed 1,750 words or 4 pages if computer-generated and shall not exceed 5 pages if handwritten or typewritten, except that when an appellant is called upon to respond to more than one appellee brief, then appellant is permitted up to 1,750 additional words or 4 additional pages per each additional appellee brief if computer-generated or up to 5 additional pages per each additional appellee brief if handwritten or typewritten.(c) A brief combining appellee's response brief with its initial brief as a cross-appellant shall not exceed 14,000 words or 30 pages if computer generated and shall not exceed 40 pages if handwritten or typewritten. A brief combining appellant's reply brief with its response brief as cross-appellee shall not exceed 10,500 words or 25 pages if computer generated and shall not exceed 30 pages if handwritten or typewritten.(3)Supreme Court.(a) An appellant's initial brief and an appellee's response brief shall not exceed 40 pages or 17,500 words if computer generated and shall not exceed 50 pages if handwritten or typewritten.(b) An appellant's reply brief shall not exceed 7 pages or 3,500 words if computer generated and shall not exceed 10 pages if handwritten or typewritten, except that when an appellant is called upon to respond to more than one appellee brief, then appellant is permitted up to 4 additional pages or 1,750 additional words per each additional appellee brief if computer generated or up to 5 additional pages per each additional appellee brief if handwritten or typewritten.(c) A brief combining appellee's response brief with its initial brief as a cross-appellant shall not exceed 22,750 words or 50 pages if computer generated and shall not exceed 65 pages if handwritten or typewritten. A brief combining appellant's reply brief with its response brief as cross-appellee shall not exceed 8,750 words or 20 pages if computer generated and shall not exceed 25 pages if handwritten or typewritten.(4)Death Penalty Cases. In cases where the death penalty has been imposed, upon motion made at least 20 days prior to the filing deadline, and upon good cause shown, the appellant's brief and the appellee's brief may be extended to no more than 120 pages or 52,500 words. Upon similar motion, for good cause shown, made at least 5 days prior to the filing deadline, a reply brief may be extended to no more than 20 pages or 8,750 words.(5)Exclusions from word and page limits. The cover, introduction, statement concerning oral argument, statement of points and authorities, signature block, exhibits, and appendices are excluded from the page and word limits set forth above.(H)Penalties.(1) A brief may be stricken for failure to substantially comply with the requirements of these rules.(2) If the appellant's brief has not been filed within the time allowed, the Court may dismiss the appeal.(3) If the appellee's brief has not been filed within the time allowed, the court may: (a) accept the appellant's statement of the facts and issues as correct;(b) reverse the judgment if appellant's brief reasonably appears to sustain such action; or(c) regard the appellee's failure as a confession of error and reverse the judgment without considering the merits of the case.Adopted by order 2022-49, eff. 1/1/2023.