[See Appendix F following these rules for a sample brief.]
(A) Time to file
(1) In every appeal involving termination of parental rights or adoption of a minor child, or both, or the setting or denial of bail, the appellant shall file a merit brief with the Supreme Court within twenty days from the date the Clerk of the Supreme Court files the record from the court of appeals.
(2) In every other appeal, the appellant shall file a merit brief within forty days from the date the clerk files the record from the court of appeals or the administrative agency. In any case, the appellant shall not file a merit brief prior to the filing of the record by the clerk.
(3) Extension of time to file merit briefs are permitted in accordance with Rule 3.03(B).
(B) Contents
The appellant’s brief shall contain all of the following:
(1) A table of contents listing with references to the pages of the brief where each of the following appears:
(a) The table of authorities cited;
(b) The statement of facts;
(c) The argument with numbered propositions of law;
(d) The appendix.
(2) A table of the authorities cited, listing the citations for all cases or other authorities, arranged alphabetically; constitutional provisions; statutes; ordinances; and administrative rules or regulations upon which appellant relies, with references to the pages of the brief where each citation appears;
(3) A statement of the facts with page references, in parentheses, to supporting portions of both the original transcript of testimony and any supplement filed in the case pursuant to Rules 16.09 through 16.10;
(4) An argument, headed by the proposition of law that was accepted by the Supreme Court and that could serve as a syllabus for the case if the appellant prevails. If several propositions of law are presented, the argument shall be divided with each proposition set forth as a subheading;
(5) An appendix, numbered separately from the body of the brief, containing copies of all of the following:
(a) The judgment or order from which the appeal is taken;
(b) The opinion, if any, relating to the judgment or order being appealed;
(c) All judgments, orders, and opinions rendered by any court or agency in the case, if relevant to the issues on appeal;
(d) Any relevant rules or regulations of any department, board, commission, or any other agency, upon which the appellant relies;
(e) Any constitutional provision, statute, or ordinance upon which the appellant relies, to be construed, or otherwise involved in the case;
(f) In appeals from the Public Utilities Commission, the appellant’s application for rehearing.
(C) Page limit
(1) Except in death-penalty appeals of right and in postconviction death-penalty appeals, the appellant’s brief shall not exceed fifty numbered pages, exclusive of the table of contents, the table of authorities cited, the certificate of service, the signature block, and the appendix.
(2) In death-penalty appeals of right filed pursuant to Rule 5.01(A)(1), (2), (4), or (6) and in postconviction death-penalty appeals filed pursuant to Rule 7, the appellant’s brief has no page limitation.
Effective Date: June 1, 1994
Amended: April 1, 1996; April 1, 2000; June 1, 2000; July 1, 2004; January 1, 2008; January 1, 2010; January 1, 2013; June 1, 2017; March 1, 2019; January 1, 2023; April 1, 2025
