Arizona

Criminal Procedure

Criminal Procedure

Rule 31.10 – Content of Briefs

(a) Appellant’s Opening Brief. An appellant’s opening brief must set forth under headings and in the following suggested order the items listed below, except for items (4) and (9), which are optional:

(1) a “table of contents” with page references. If the brief is filed electronically, if feasible, the table of contents should include bookmarks to sections of the brief described in items (2) through (9) below.
(2) a “table of citations” that alphabetically arranges and indexes the cases, statutes and other authorities cited in the brief, and that refers to the pages of the brief on which each citation appears.
(3) a “statement of the issues” presented for review. The statement of issues presented for review includes every subsidiary issue fairly comprised within the statement.
(4) a short “introduction.”
(5) a “statement of the case” that concisely states the nature of the case, the course of the proceedings, the disposition in the court from which the appeal is taken, and the basis of the appellate court’s jurisdiction. The statement must include appropriate references to the record.
(6) a “statement of facts” that are relevant to the issues presented for review, with appropriate references to the record. A party may combine a statement of facts with a statement of the case.
(7) an “argument” that contains:

(A) appellant’s contentions with supporting reasons for each contention, and with citations of legal authorities and appropriate references to the portions of the record on which the appellant relies. The argument may include a summary.
(B) for each issue, references to the record on appeal where the issue was raised and ruled on, and the applicable standard of appellate review with citation to supporting legal authority.
(8) a short “conclusion” stating the precise relief sought.
(9) an “appendix,” as provided in Rule 31.11.
(b) Appellee’s Answering Brief. The appellee’s answering brief must follow the requirements of Rule 31.10(a), except that it does not need to include a statement of the case, a statement of facts, or a statement of the issues, unless the appellee finds the appellant’s statements to be insufficient or incorrect.
(c) Reply Brief. If the appellant files a reply brief, it must be strictly confined to the rebuttal of points made in the appellee’s answering brief. A party may file additional briefs other than a reply only with the appellate court’s permission.
(d) References to the Record. In any brief, references to evidence or other parts of the record must include a citation to the index, exhibit, or page of a certified transcript, authorized transcription, narrative statement, or agreed statement where such evidence or other material appears. In Division One, a brief may cite to a document in the appendix in lieu of citing to the record, but only if the table of contents of the appendix complies with the requirements of Rule 31.11(c). If a party refers to a video or audio recording, the party must provide specific, time-coded references to the relevant portions of the recording.
(e) References to Parties. In briefs and at oral argument, parties should minimize use of the terms “appellant” and “appellee.” For clarity, briefs should use the parties’ actual names or the designations used in the superior court proceeding, or such descriptive terms as “the defendant” or “the State.”
(f) Substitute Victim Identifier. Appellate briefs must use a victim identifier in place of the victim’s name in any case in which the defendant was charged with an offense listed in A.R.S. ยงยง 13-1401 et seq., 13-3201 et seq., 13-3501 et seq., or 13-3551 et seq., or in any case in which the victim was a juvenile at the time of the offense. For purposes of this rule, “victim identifier” means a victim’s initials, a pseudonym, or other substitute for the victim’s actual name.
(g) References to Case Law. Citation of Arizona case law must be to the volume, page number and, if available, the paragraph number, of the official Arizona reporters. Citation of non-Arizona case law must be to the volume and page number of the applicable regional or federal reporter.
(h) Briefs in Cases Involving Cross-Appeals. If a cross-appeal is filed, the combined brief under Rule 31.13(a)(4) must include a statement of the issues that are presented in the cross-appeal.
(i) Briefs Involving Multiple Appellants or Appellees. In cases involving more than one appellant or more than one appellee, including consolidated cases, multiple parties may join in a single brief, or an appellant or appellee may adopt by reference any part of the brief of another party. Parties having contentions in common must make a good faith effort to join in a single brief. If there is a contention common to other parties, the filing party must make a good faith effort to adopt by reference the pertinent part of the previously filed brief of another party.
(j) Briefs of Amicus Curiae. A brief of amicus curiae must comply with Rule 31.10(a)(1), (2), (3), (7), (8), and (9), and Rule 31.15.
(k) Non-Compliance. The appellate court may strike a brief or other filing that does not substantially conform to the requirements of these rules.

Ariz. R. Crim. P. 31.10

Added by August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 31.10, relating to filing of the record, was abrogated effective January 1, 2018. See, now, AZ ST RCRP Rule 31.13.