Rule 32. Form of Briefs and Appellate Documents

(a) Form of Briefs and Other Appellate Documents. Except as otherwise provided in this rule or by leave of court, all briefs and other appellate documents must comply with the following standards:

(1) Type Size. The typeface must be 14-point or larger, including footnotes, except that the caption may be in 12-point if necessary to fit on one page.

(2) Typeface. The type must be a plain, Roman style with serifs. Italics or boldface may be used for emphasis. Cited case names must be italicized or underlined.

(3) Paper Size, Line Spacing, and Margins. All documents must be on 8 1/2 by 11 inch paper. The text must be double-spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. Margins must be at least 1 1/2 inches on the top and 1 inch on the left, right, and bottom. Page numbers are required and may be placed in the bottom margin, but no text may appear there.

(4) Length. If a brief or other appellate document is subject to a word limit, it must include a certificate by the attorney, or by a self-represented party, that the document complies with the applicable word limit. The person preparing the certificate may rely on the word count of the word-processing system used to prepare the document. The certificate must state the number of words in the document.

(b) Documents Submitted by Self-Represented Parties. A self-represented party who does not have access to a word-processing system must file typewritten or legibly handwritten briefs and other appellate documents. Such documents must otherwise comply with the form requirements of this rule and the requirements of C.A.R. 28 and, if applicable, C.A.R. 28.1.

(c) Binding and Reproduction. Briefs and other appellate documents may be produced by any process that yields a clear black image on white paper. The paper must be opaque and unglazed. Only one side of the paper may be used. Text must be reproduced with a clarity that equals or exceeds the output of a laser printer. Photographs, illustrations, and tables may be reproduced by any method that results in a good copy of the original; a glossy finish is acceptable if the original is glossy. Consecutive sheets must be stapled together at the top left margin.

(d) Caption. The first page of each brief or other appellate document must contain a caption that includes the following basic document information:

(1) the name and address of the court in which the proceeding is filed;

(2) the nature of proceeding (e.g., Appeal, Petition for Writ of Certiorari, Petition for Rule to Show Cause); name of the court(s), agency, or board below; and the lower court judge(s), and case number(s);

(3) the names of parties with appellate court party designations as follows:

(A) In the Supreme Court:

(i) Appellant(s) or Appellee(s) in cases in which the Supreme Court has original appellate jurisdiction;

(ii) ''In Re [Caption of Underlying Proceeding],'' or if there is no underlying proceeding, ''In Re [Petitioner v. Proposed Respondent]'' in original proceedings filed pursuant to C.A.R. 21; and

(iii) Petitioner(s) or Respondent(s) in certiorari proceedings.

(B) In the Court of Appeals: Petitioner(s) or Respondent(s) in appeals filed pursuant to C.A.R. 3.1 and 3.4 (see Appendix to Chapter 32); Appellant(s) or Appellee(s) in all other appeals.

(4) the name, address, telephone number, e-mail address (if any), and fax number (if any) of counsel or self-represented party filing the document;

(5) if the document is filed by counsel, his or her attorney registration number; 497 Form of Briefs and Appellate Documents Rule 32

(6) the title of the document (e.g., Opening Brief, Petition for Writ of Certiorari), identifying the party or parties for whom the document is filed; and

(7) on the top-right side (opposite filing court information), a blank area that is at least 2 1/2 inches wide and 1 3/4 inches long, with the words ''Case Number.'' Form 7 illustrates the required caption for all documents created using a word-processing system. Form 7A illustrates the required caption for all documents filed by a selfrepresented party who does not have access to a word-processing system and is unable to obtain and complete Form 7.

(e) Signature. Every brief, motion, or other document filed with an appellate court must be signed by the party filing the document or, if the party is represented, by one of the party's attorneys.

(f) References to Sexual Assault Victims and Minors. Except as otherwise provided by this rule or by leave of court, the following individuals must not be named in briefs or other appellate documents and must be identified by initials or appropriate general descriptive terms such as ''victim'' or ''child'':

(1) in criminal and civil cases, victims or alleged victims of sexual assault; and

(2) in criminal cases and cases brought under Title 19, minors. Any relative whose name could be used to determine the name of a person protected under this subsection must also be identified by initials or appropriate general descriptive terms. When the defendant in a criminal case is a family member of the person protected under this subsection, the defendant may be named.

(g) Non-Compliant Documents. If the clerk determines that a brief or other document does not comply with the Colorado Appellate Rules or is not sufficiently legible, the clerk may accept the document for filing but may require that a conforming document be filed.

(h) Certificate of Compliance. Each brief must include, on a separate page immediately behind the caption page, a certificate that the brief complies with all requirements of C.A.R. 28 and C.A.R. 32, and, if applicable, C.A.R. 21(e)(3), 28.1, or 29. For proceedings other than those involving C.A.R. 21(e)(3), Forms 6 and 6A are the preferred forms for a certificate of compliance and will be regarded as meeting the requirements of C.A.R. 32(a)(4).

Committee Notes

Source: (a), (b), and (c)(2) amended and (d) added, effective July 8, 1993; entire rule