Rule 6.02: Content of Appellant's Brief

(a)   Required Contents. An appellant’s brief must contain the following:

(1)   A table of contents that includes:

(A)   page references to each division and subdivision in the brief, including each issue presented; and

(B)   the authorities relied on in support of each issue.

(2)   A brief statement of the nature of the case—e.g., whether it is a personal injury suit, injunction, quiet title, etc.—and a brief statement of the nature of the judgment or order from which the appeal was taken.

(3)   A brief statement, without elaboration, of the issues to be decided in the appeal.

(4)   A concise but complete statement, without argument, of the facts that are material to determining the issues to be decided in the appeal. The facts included in the statement must be keyed to the record on appeal by volume and page number. The court may presume that a factual statement made without a reference to volume and page number has no support in the record on appeal.

(5)   The arguments and authorities relied on, separated by issue if there is more than one. Each issue must begin with citation to the appropriate standard of appellate review and a pinpoint reference to the location in the record on appeal where the issue was raised and ruled on. If the issue was not raised below, there must be an explanation why the issue is properly before the court.

(b)   Optional Appendix. At the option of the appellant, an appellant’s brief may contain an appendix—without comment—consisting of limited extracts from the record on appeal which the appellant considers to be of critical importance to the issues to be decided. The appendix is for the court’s convenience and is not a substitute for the record itself. When an appendix is included, the statement of the case and the brief may make references to it, but the references are supplementary—and not in lieu of—the required references to the volume and page number of the record itself.

[History: Am. effective February 8, 1994; Am. effective September 6, 2005; Restyled rule effective July 1, 2012.]