Rule 5.05 - SPECIFICATIONS FOR BRIEFS(1)(a) Except as provided in paragraph (1)(c) of this subsection, an opening, answering, combined, or reply brief must comply with the word-count limitation in paragraph (1)(b) of this subsection. Headings, footnotes, and quoted material count toward the word-count limitation. The front cover, index of contents and appendices, index of authorities referred to, excerpt of record, appendices, certificate of service, any other certificates, and the signature block do not count toward the word-count limitation. (b)(i) In the Supreme Court, except for cases subject to ORAP 12.10 (automatic review of a death sentence): (A) An opening brief may not exceed 14,000 words.(B) An answering brief may not exceed 14,000 words.(C) A combined respondent's answering brief and cross-petitioner's opening brief may not exceed 22,000 words, with the answering brief part of the combined brief limited to 14,000 words.(D) A combined cross-respondent's answering brief and petitioner's reply brief may not exceed 12,000 words, with the reply brief part of the combined brief limited to 4,000 words.(E) A reply brief may not exceed 4,000 words.(ii) In the Court of Appeals: (A) An opening brief may not exceed 10,000 words.(B) An answering brief may not exceed 10,000 words.(C) A combined respondent's answering brief and cross-appellant's opening brief may not exceed 16,700 words, with the answering brief part of the combined brief limited to 10,000 words.(D) A combined cross-respondent's answering brief and appellant's reply brief may not exceed 10,000 words, with the reply brief part of the combined brief limited to 3,300 words.(E) A reply brief may not exceed 3,300 words.(c) If a party does not have access to a word-processing system that provides a word count, in the Supreme Court, an opening, answering, or combined brief is acceptable if it does not exceed 50 pages, and a reply brief is acceptable if it does not exceed 15 pages; in the Court of Appeals, an opening, answering, or combined brief is acceptable if it does not exceed 35 pages, and a reply brief or reply part of a combined reply and cross-answering brief is acceptable if it does not exceed 10 pages.(d) Except as to a supplemental brief filed by a self-represented party, an attorney or self-represented party must include at the end of each brief a certificate in the form illustrated in Appendix 5.05-2 that: (i) The brief complies with the word-count limitation in paragraph (1)(b) of this subsection by indicating the number of words in the brief. The person preparing the certificate may rely on the word count of the word-processing system used to prepare the brief. If the attorney, or a self-represented party, does not have access to a word-processing system that provides a word count, the certificate must indicate that the attorney, or self-represented party, does not have access to such a system and that the brief complies with paragraph (1)(c) of this subsection. (ii) If proportionally spaced type is used, the size is not smaller than 14 point for both the text of the brief and footnotes.(e) A party's appendix may not exceed 25 pages.(f) Unless the court orders otherwise, no supplemental brief may exceed five pages.(2)(a) Except for cases subject to ORAP 12.10 (automatic review of a death sentence), on motion of a party stating a specific reason for exceeding the prescribed limit, the court may permit the filing of a brief or an appendix exceeding the limits prescribed in subsection (1) of this rule or prescribed by order of the court. A party filing a motion under this subsection must make every reasonable effort to file the motion not less than seven days before the brief is due. The court may deny an untimely motion under this paragraph on the ground that the party failed to make a reasonable effort to file the motion timely. (b) If the court grants permission for a longer appendix, if filed in paper form, the appendix must be printed on both sides of each page and may be bound separately from the brief.(3) As used in this subsection, "brief" includes a petition for review or reconsideration, or a response to a petition for review or reconsideration. All briefs must conform to these requirements: (a) Briefs must be prepared such that, if printed:(i) All pages would be a uniform size of 8-1/2 x 11 inches.(ii) Printed or used area on a page would not exceed 6-1/4 x 9-12 inches, exclusive of page numbers, with inside margins of 1-1/4 inches, outside margins of 1 inch, and top and bottom margins of 3/4 inches. (b) Legibility and Readability Requirements (i) Briefs must be legible and capable of being read without difficulty. The print must be black, except for hyperlinks.(ii) Briefs must be prepared using proportionally spaced type. The style must be Arial, Times New Roman, or Century Schoolbook. The size may not be smaller than 14 point for both the text of the brief and footnotes. Reducing or condensing the typeface in a manner that would increase the number of words in a brief is not permitted.(iii) Briefs may not be prepared entirely or substantially in uppercase.(iv) Briefs must be double-spaced, with a double-space above and below each paragraph of quotation. (c) Pages must be consecutively numbered at the top of the page within 3/8 inch from the top of the page. Pages of an excerpt of record included with a brief must be numbered independently of the body of the brief, and each page number must be preceded by "ER," e.g., ER-1, ER-2, ER-3. Pages of appendices must be preceded by "App," e.g., App-1, App-2, App-3.(d) The front cover must set forth the full title of the case, the appropriate party designations as the parties appeared below and as they appear on appeal, the case number assigned below, the case number assigned in the appellate court, designation of the party on whose behalf the brief is filed, the court from which the appeal is taken, the name of the judge thereof, and the litigant contact information required by ORAP 1.30. The lower right corner of the brief must state the month and year in which the brief was filed.(e) The last page of the brief must contain the name and signature of the author of the brief, the name of the law firm or firms, if any, representing the party, and the name of the party or parties on whose behalf the brief is filed.(f) If filed in paper form: (i) The paper must be white bond, regular finish without glaze, and at least 20-pound weight.(ii) If both sides of the paper are used for text, the paper must be sufficiently opaque to prevent the material on one side from showing through on the other.(iii) The brief must be bound either by binderclip or by staples. Binderclips are preferred.(4) The court on its own motion may strike any brief that does not comply with this rule.(5)(a) A party filing a brief in the appellate court must file one brief with the Administrator and serve one copy of the brief on every other party to the appeal, judicial review, or other proceeding. (b) The brief filed with the Administrator must contain proof of service on all parties served with a copy of the brief. The proof of service must be the last page of the brief or printed on or affixed to the inside of the back cover of the brief.Amended November 21, 2016, effective 1/1/2017; amended November 15, 2018, effective 1/1/2019; amended November 13, 2020, effective 1/1/2021.