Arizona Rules of Civil Appellate Procedure | Rule 13 Content of Briefs

(a) Brief of the Appellant. The brief of the appellant shall concisely and clearly set forth under the appropriate headings and in the order here indicated:

1. A table of contents with page references.

2. A table of citations, which shall alphabetically arrange and index the cases, statutes and other authorities cited, with references to the pages of the brief on which they are cited.

3. A statement of the case, indicating briefly the basis of the appellate court’s jurisdiction, the nature of the case, the course of the proceedings and the disposition in the court below.

4. A statement of facts relevant to the issues presented for review, with appropriate references to the record. The statement shall not contain evidentiary matter unless material to a proper consideration of the issues presented, in which instance a reference shall be made to the record or page of the certified transcript where such evidence appears. The statement of facts may be combined with the statement of the case.

5. A statement of the issues presented for review. The statement of an issue presented for review will be deemed to include every subsidiary issue fairly comprised therein.

6. An argument which shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes and parts of the record relied on. The argument may include a summary. With respect to each contention raised on appeal, the proper standard of review on appeal shall be identified, with citations to relevant authority, at the outset of the discussion of that contention. Citation of authorities shall be to the volume and page number of the official reports and also when possible to the unofficial reporters.

7. A short conclusion stating the precise relief sought.

8. An appendix if desired.

(b) Brief of the Appellee. 1. The brief of the appellee shall conform to the requirements of the preceding subdivision, except that a statement of the case, a statement of the facts or a statement of the issues need not be included unless the appellee finds the statements of the appellant to be insufficient or incorrect.

2. If a cross-appeal has been filed, the brief of the appellee or the opening brief of the cross-appellant shall include in its statement of issues presented for review the issues presented in the cross-appeal.

3. The brief of the appellee may, without need for a cross-appeal, include in the statement of issues presented for review and in the argument any issue properly presented in the superior court. The appellate court may affirm the judgment based on any such grounds. The appellate court may direct that the judgment be modified to enlarge the rights of the appellee or to lessen the rights of the appellant only if the appellee has cross-appealed seeking such relief.

(c) Reply Brief. The appellant may file a reply brief, but it shall be confined strictly to rebuttal of points urged in the appellee’s brief. No further briefs may be filed except as provided in Rule 13(e) or by leave of court.

(d) Reproduction of Constitutional Provisions, Statutes, Rules, Regulations and Instructions: the Appendix. 1. If determination of the issues presented requires the study of constitutional provisions, rules, statutes, regulations or instructions given or refused, the relevant parts of any of the foregoing shall be reproduced in the brief or in an appendix to the brief. An appendix may include additional items of the record, as provided in Rule 11(a)(3). An appendix may include extended quotations from cases and authorities where such quotations are required for proper presentation of the issues.

2. If an appendix is included, it shall be separated from the main body of the brief by a blank page of distinctive color. It shall be numbered with arabic numerals, and it shall not constitute a part of the brief for the purpose of determining length under Rule 14(b).

(e) Briefs in Cases Involving Cross-Appeals. A party who files a cross-appeal may combine in one brief his brief as appellee and his brief as cross-appellant. If the appellant wishes to file a further brief, he may combine in one brief his reply brief as appellant and his brief as cross-appellee. The cross-appellant may file a reply brief on the issues of the cross-appeal. The length of the separate portions in any combined brief filed by a party shall not exceed the aggregate number of pages which separate briefs can contain.

(f) Briefs Involving Multiple Appellants or Appellees. In cases involving more than one appellant or more than one appellee, including cases consolidated for the purposes of the appeal, any number of either may join in a single brief, and any appellant or appellee may adopt by reference any part of the brief of another. Parties having contentions in common shall make a good faith effort to join in a single brief and if a separate brief is filed which advances one or more contentions common to other parties, the filing party shall make a good faith effort to adopt by reference the pertinent part of any previously-filed brief of another party. In a joint appeal in accordance with Rule 8(b), the parties are required to file a joint brief.