La. Uni. R. Ct. Appeal. 2-12.4

As amended through October 31, 2024

Rule 2-12.4 - Appellant Brief

A. The brief of the appellant shall contain, under appropriate headings and in the order indicated:

(1) a table of contents with page references;

(2) a table of authorities, including cases alphabetically arranged, statutes and other authorities, with references to the pages of the brief where the authorities are cited;

(3) a jurisdictional statement setting forth the constitutional and statutory basis for the court to exercise appellate jurisdiction, with citations to applicable provisions. The jurisdictional statement shall also include the dates of the judgment appealed and of the motion and order for appeal to establish the timeliness of the appeal and the following, as applicable:

(a) an assertion that the appeal is from a final appealable judgment and, if the appealability is dependent upon a designation by the trial court, a reference to the specific page numbers of the record where the designation and reasons for the designation are to be found; or

(b) an assertion that the appeal is from an interlocutory judgment or order which is appealable as expressly provided by law; or

(c) an assertion of information establishing the Court of Appeal's jurisdiction on some other basis;

(4) a concise statement of the case, indicating the nature of the case, the action of the trial court, and the disposition;

(5) the assignments of alleged errors;

(6) a listing of issues presented for review;

(7) a statement of facts relevant to the assignments of error and issues for review, with references to the specific page numbers of the record;

(8) a short summary of the argument, i.e., a succinct, clear, and accurate statement of the arguments made in the body of the brief;

(9) the argument, which shall contain:

(a) appellant's contentions, with reference to the specific page numbers of the record and citations to the authorities on which the appellant relies;

(b) for each assignment of error and issue for review, a concise statement of the applicable standard of review, which may appear in the discussion or under a separate heading placed before the discussion; and

(c) for each assignment of error and issue for review which required an objection or proffer to preserve, a statement that the objection or proffer was made, with reference to the specific page numbers of the record; and

(10) a short conclusion stating the precise relief sought.

B.

(1) A copy of the judgment, order, or ruling complained of, and a copy of either the trial court's written reasons for judgment, transcribed oral reasons for judgment, or minute entry of the reasons, if given, shall be appended to the brief of the appellant. If reasons for judgment were not given, the brief shall so declare.

(2) Citation of Louisiana cases shall be in conformity with Section VIII of the Louisiana Supreme Court General Administrative Rules. Citations of other cases shall be to volume and page of the official reports (and when possible to the unofficial reports). It is recommended that where United States Supreme Court cases are cited, all three reports be cited, e.g., Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

(3) The court may not consider the argument on an assignment of error or issue for review if suitable reference to the specific page numbers of the record is not made.

(4) All assignments of error and issues for review shall be briefed. The court may deem as abandoned any assignment of error or issue for review which has not been briefed.

La. Uni. R. Ct. Appeal. 2-12.4

Amended April 3, 1986, effective 7/1/1986; amended October 3, 1994, effective 1/1/1995; amended October 2, 2006, effective 11/1/2006; amended October 7, 2013, effective 1/1/2014; April 10, 2014, effective 5/1/2014; amended May 2, 2022, effective 1/1/2023.