updated March 18, 2006

Order of Contents & Links to Court Rules

--May be any color (but permissible to follow federal model: blue for Appellant's brief; light red for Appellee's brief)

--Names appellate court to whom appeal is directed (Arkansas Supreme Court or Arkansas Court of Appeals)

--Sets out style of case on appeal and appellate docket number (not the trial court docket number)

--Provides name of trial court and trial judge from whom appeal is taken

--Provides designation of document (e.g., Abstract and Brief of Appellant, Appellees' Brief)

--Gives name (for RWA, uses pseudonym), state bar number (for RWA, provides exam number), address, and telephone number of attorney

--References and gives beginning page number for each section of brief identified below (except attorney signature)

--Section on Abstract references the name of each witness with the page number at which the testimony begins in the Abstract; section on Addendum references each photocopied document with the page number at which it appears in the Addendum

--References and gives beginning page number for each point heading and sub-heading within the Argument

--Separately numbers each Point, using roman numerals.

--May cite up to two authorities under each point, if desired.

--Lists alphabetically the full citation (including subsequent history, if any) for every primary or secondary legal authority cited in Argument sections of the brief, with brief page references to both full citations and short form citations. If citations are given under the Points on Appeal, also includes them in the Table.

--Groups authorities under appropriate category: (A) cases, (B) statutes/rules, (C) books and treatises, (D) miscellaneous

--Includes all material parts of transcript (including witness and deposition testimony; does not include pleadings, documentary evidence, exhibits, or other items appearing in Addendum; see below).

--Provides heading for each discrete item abstracted, including witness name, examining attorney

--Provides page reference for each individual page of testimony abstracted (e.g., R. at 45; does not refer to multiple pages--this represents a change in the former rule)

--Limits length to a range of two to five pages (preferably two); does not exceed five pages without Court's advance permission (which you cannot get in RWA!)

--Concisely states the standard(s) of review in the overall umbrella and/or at the outset of the discussion of each issue

--Argument portions of main briefs do not exceed twenty-five pages in length; argument portion of Appellant's reply brief (not required for RWA course) does not exceed fifteen pages. 

--Presents analysis under point headings and sub-headings

--Provides parallel citations to all cases cited in brief (only exception being cases that do not have parallel citations, e.g., federal circuit court appellate opinions)

--Includes request for specific relief requested of appellate court

--Ends brief with attorney signature, including bar number, address, and telephone

--Sets out date and method of service

--Provides name, address of opposing counsel and of trial judge

--For non-indigent criminal appeals, serves two copies on Attorney General and one copy on trial judge

--Signed by attorney

--Provides a photocopy of the order being appealed from, along with any other relevant pleadings, documents, or exhibits essential to an understanding of the case and the Court's jurisdiction on appeal.  Does not include the transcript of the hearing or trial.

--For each item, indicates where the original can be found in the Record

Compliance with Court's Format Rules & Links to Court Rules

Always check the court rules on formatting. The Brief Format Requirements for the RWA course are largely based on and identical to the Arkansas appellate courts' own formatting rules. For RWA appellate briefs, you must comply with both sets of rules, unless you are explicitly directed otherwise.

--Binds brief firmly on left side, using staples or other binding devices

--If staples used, covers them with tape

--Double-spaced throughout, including text of footnotes, if any

--Uses single-spacing only for block format quotations (which must also be indented at left and right margins), headings, and sub-headings

--Provides minimum one-inch margin at top, bottom, and right side

--Leaves left margin (bound side) wide enough to permit easy reading of text

--For civil appeals, prepares seventeen copies for the Court (only two copies needed for RWA)

--For non-indigent criminal appeals, provides seventeen copies to the Court, two copies to Attorney General, one copy to trial court

--Uses acceptable reproduction methods, including offset printing, positive photocopy, and other dry photoduplicating processes

--Numbers every page (court rule does not mandate specific placement of page numbers; RWA brief format rules do).

--Separately paginates (starting from page 1 for each) the Abstract, Statement of the Case, Argument, and Addendum

--May use abbreviations before page numbers to indicate their section--e.g., Ab. 1, SC 1, Arg 1, Add 1

--Uses only  8 1/2 by 11 inch paper

--Uses opaque, unglazed white paper

--Note: Although Supreme Court rule allows printing on both sides of page, RWA Brief Format Requirements do not. Follow the course requirements.

Citations to Authority & Links to Court Rules

--For Arkansas cases, cites official reporter (Ark. or Ark. App.) in addition to regional reporter (South Western Reporter) (see parallel citations below)

--For Arkansas cases, provides parallel citations to official reporter and regional reporter

--For cases from other jurisdictions, provides parallel citations if possible (i.e., if they exist)

--Does not cite unpublished opinions

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