2:6-2.
Contents of Appellant's Brief
(a)
Formal Brief. Except as otherwise
provided by R. 2:6-4(c)(1) (statement in lieu of brief), by R. 2:9-11
(sentencing appeals), and by paragraph (b) of this rule, the brief of the
appellant shall contain the following material, under distinctive titles,
arranged in the following order:
(1) A table of contents, including the point headings to
be argued. It is mandatory that any point not presented below be so indicated
by including in parenthesis a statement to that effect in the point heading.
(2) A table of citations of cases, alphabetically
arranged, of statutes and rules and of other authorities.
(3) A concise procedural history including a statement of
the nature of the proceedings and a reference to the judgment, order, decision,
action or rule appealed from or sought to be reviewed or enforced. The appendix
page of each document referred to shall be stated. The plaintiff and defendant
shall be referred to as such and shall not, except where necessary, be referred
to as appellant and respondent.
(4) A concise statement of the facts material to the
issues on appeal supported by references to the appendix and transcript. The
statement shall be in the form of a narrative chronological summary
incorporating all pertinent evidence and shall not be a summary of all of the
evidence adduced at trial, witness by witness.
(5) The legal argument for the appellant, which shall be
divided, under appropriate point headings, distinctively printed or typed, into
as many parts as there are points to be argued. New Jersey decisions shall be
cited to the official New Jersey reports by volume number but if not officially
reported that fact shall be stated and unofficial citation made. All other
state court decisions shall be cited to the National Reporter System, if reported
therein and, if not, to the official report. In the citation of all cases the
court and year shall be indicated in parentheses except that the year alone
shall be given in citing the official reports of the United States Supreme
Court, the Supreme Court of New Jersey, and the highest court of any other
jurisdiction.
(6)
In addition to the foregoing, each brief may
include an optional preliminary statement for the purpose of providing a
concise overview of the case. The preliminary statement shall not exceed three
pages and may not include footnotes or, to the extent practicable, citations.
(b)
Letter Brief. In lieu of filing a
formal brief in accordance with paragraph (a) of this rule and except as
otherwise provided by R. 2:9-11 (sentencing appeals), the appellant may file a
letter brief. Letter briefs shall not exceed 20 pages and shall conform with
the requirements of subparagraphs (1), (3), (4) and (5) of paragraph (a). As to
any point not presented below a statement to that effect shall be included in
parenthesis in the point heading. No cover need be annexed provided that the
information required by R. 2:6-6 is included in the heading of the letter.
(c) All
Briefs. All briefs must be plainly legible and must
conform with spacing, paper quality, type-size and reproduction requirements
set forth in R. 2:6-10.
(d)
Respondent/Cross Appellant's Brief. The
respondent/cross appellant shall file a single brief both addressing the cross
appeal and answering the appellant's brief.
