N.C. R. App. P. 28

(a) Function. The function of all briefs required or permitted by these

rules is to define clearly the issues presented to the reviewing court and to present

the arguments and authorities upon which the parties rely in support of their

respective positions thereon. The scope of review on appeal is limited to issues so

presented in the several briefs. Issues not presented and discussed in a party’s brief

are deemed abandoned. Similarly, issues properly presented for review in the Court

of Appeals, but not then stated in the notice of appeal or the petition accepted by the

Supreme Court for review and discussed in the new briefs required by Rules 14(d)(1)

and 15(g)(2) to be filed in the Supreme Court for review by that Court, are deemed

abandoned.

(b) Content of Appellant’s Brief. An appellant’s brief shall contain,

under appropriate headings and in the form prescribed by Rule 26(g) and the

appendixes to these rules, in the following order:

(1) A cover page, followed by a subject index and table of authorities

as required by Rule 26(g).

(2) A statement of the issues presented for review. The proposed

issues on appeal listed in the printed record shall not limit the

scope of the issues that an appellant may argue in its brief.

(3) A concise statement of the procedural history of the case.

This shall indicate the nature of the case and summarize the

course of proceedings up to the taking of the appeal before the

court.

(4) A statement of the grounds for appellate review. Such statement

shall include citation of the statute or statutes permitting

appellate review. When an appeal is based on Rule 54(b) of the

Rules of Civil Procedure, the statement shall show that there has

been a final judgment as to one or more but fewer than all of the

claims or parties and that there has been a certification by the

trial court that there is no just reason for delay. When an appeal

is interlocutory, the statement must contain sufficient facts and

argument to support appellate review on the ground that the

challenged order affects a substantial right.

(5) A full and complete statement of the facts. This should be a

non-argumentative summary of all material facts underlying the

matter in controversy which are necessary to understand all

issues presented for review, supported by references to pages in

the record on appeal.

(6) An argument, to contain the contentions of the appellant with

respect to each issue presented. Issues not presented in a party’s

brief, or in support of which no reason or argument is stated, will

be taken as abandoned.

The argument shall contain a concise statement of the

applicable standard(s) of review for each issue, which shall

appear either at the beginning of the discussion of each issue or

under a separate heading placed before the beginning of the

discussion of all the issues.

The body of the argument and the statement of applicable

standard(s) of review shall contain citations of the authorities

upon which the appellant relies. Evidence or other proceedings

material to the issue may be narrated or quoted in the body of the

argument, with appropriate reference to the record on appeal, the

transcript of proceedings, or exhibits.

(7) A short conclusion stating the precise relief sought.

(8) Identification of counsel by signature, typed name, post office

address, telephone number, State Bar number, and e-mail

address.

(9) The proof of service required by Rule 26(d).

(10) Any appendix required or allowed by this Rule 28.

(c) Content of Appellee’s Brief; Presentation of Additional Issues.

An appellee’s brief shall contain a subject index and table of authorities as required

by Rule 26(g), an argument, a conclusion, identification of counsel, and proof of

service in the form provided in Rule 28(b) for an appellant’s brief, and any appendix

required or allowed by this Rule 28. It does not need to contain a statement of the

issues presented, procedural history of the case, grounds for appellate review, the

facts, or the standard(s) of review, unless the appellee disagrees with the appellant’s

statements and desires to make a restatement or unless the appellee desires to

present issues in addition to those stated by the appellant.

Without taking an appeal, an appellee may present issues on appeal based on

any action or omission of the trial court that deprived the appellee of an alternative

basis in law for supporting the judgment, order, or other determination from which

appeal has been taken. Without having taken appeal or listing proposed issues as

permitted by Rule 10(c), an appellee may also argue on appeal whether a new trial

should be granted to the appellee rather than a judgment notwithstanding the verdict

awarded to the appellant when the latter relief is sought on appeal by the appellant.

If the appellee presents issues in addition to those stated by the appellant, the

appellee’s brief must contain a full, non-argumentative summary of all material facts

necessary to understand the new issues supported by references to pages in the record

on appeal, the transcript of proceedings, or the appendixes, as appropriate, as well as

a statement of the applicable standard(s) of review for those additional issues.

An appellee may supplement the record with any materials pertinent to the

issues presented on appeal, as provided in Rule 9(b)(5).

(d) Appendixes to Briefs. Whenever the transcript of proceedings is filed

pursuant to Rule 9(c)(2), the parties must file portions of the transcript as appendixes

to their briefs, if required by this Rule 28(d).

(1) When Appendixes to Appellant’s Brief Are Required.

Except as provided in Rule 28(d)(2), the appellant must reproduce

as appendixes to its brief:

a. those portions of the transcript of proceedings which must

be reproduced in order to understand any issue presented

in the brief;

b. those portions of the transcript showing the pertinent

questions and answers when an issue presented in the brief

involves the admission or exclusion of evidence;

c. relevant portions of statutes, rules, or regulations, the

study of which is required to determine issues presented in

the brief;

d. relevant items from the Rule 11(c) or Rule 18(d)(3)

supplement, the study of which are required to determine

issues presented in the brief.

(2) When Appendixes to Appellant’s Brief Are Not Required.

Notwithstanding the requirements of Rule 28(d)(1), the appellant

is not required to reproduce an appendix to its brief with respect

to an issue presented:

a. whenever the portion of the transcript necessary to

understand an issue presented in the brief is reproduced in

the body of the brief;

b. to show the absence or insufficiency of evidence unless

there are discrete portions of the transcript where the

subject matter of the alleged insufficiency of the evidence

is located; or

c. to show the general nature of the evidence necessary to

understand an issue presented in the brief if such evidence

has been fully summarized as required by Rule 28(b)(4)

and (5).

(3) When Appendixes to Appellee’s Brief Are Required.

An appellee must reproduce appendixes to its brief in the

following circumstances:

a. Whenever the appellee believes that appellant’s

appendixes do not include portions of the transcript or

items from the Rule 11(c) or Rule 18(d)(3) supplement that

are required by Rule 28(d)(1), the appellee shall reproduce

those portions of the transcript or supplement it believes to

be necessary to understand the issue.

b. Whenever the appellee presents a new or additional issue

in its brief as permitted by Rule 28(c), the appellee shall

reproduce portions of the transcript or relevant items from

the Rule 11(c) or Rule 18(d)(3) supplement as if it were the

appellant with respect to each such new or additional issue.

(4) Format of Appendixes. The appendixes to the briefs of any

party shall be in the format prescribed by Rule 26(g) and shall

consist of copies of transcript pages that have been deemed

necessary for inclusion in the appendix under this Rule 28(d).

The pages of the appendix shall be consecutively numbered, and

an index to the appendix shall be placed at its beginning.

(e) References in Briefs to the Record on Appeal. References in the

briefs to parts of the printed record, transcripts, documents included in the record on

appeal pursuant to Rule 9(d), or supplements shall be to the pages in such filings

where those portions appear.

(f) Joinder of Multiple Parties in Briefs. Any number of appellants or

appellees in a single cause or in causes consolidated for appeal may join in a single

brief even though they are not formally joined on the appeal. Any party to any appeal

may adopt by reference portions of the briefs of others.

(g) Additional Authorities. Additional authorities discovered by a party

after filing its brief may be brought to the attention of the court by filing a

memorandum thereof with the clerk of the court and serving copies upon all other

parties. The memorandum may not be used as a reply brief or for additional

argument, but shall simply state the issue to which the additional authority applies

and provide a full citation of the authority. Authorities not cited in the briefs or in

such a memorandum may not be cited and discussed in oral argument.

(h) Reply Briefs. Within fourteen days after an appellee’s brief has been

served on an appellant, the appellant may file and serve a reply brief, subject to the

length limitations set forth in Rule 28(j). Any reply brief which an appellant elects

to file shall be limited to a concise rebuttal of arguments set out in the appellee’s brief

and shall not reiterate arguments set forth in the appellant’s principal brief.

Upon motion of the appellant, the Court may extend the length limitations on such a

reply brief to permit the appellant to address new or additional issues presented for

the first time in the appellee’s brief. Otherwise, motions to extend reply brief length

limitations or to extend the time to file a reply brief are disfavored.

(i) [Reserved]

(j) Word-Count Limitations Applicable to Briefs Filed in the Court

of Appeals. A principal brief filed in the Court of Appeals may contain no more than

8,750 words. A reply brief filed in the Court of Appeals may contain no more than

3,750 words.

(1) Portions of Brief Included in Word Count. Footnotes and

citations in the body of the brief must be included in the word

count. Covers, captions, indexes, tables of authorities, certificates

of service, certificates of compliance with this rule, counsel’s

signature block, and appendixes do not count against these

word-count limits.

(2) Certificate of Compliance. Parties shall submit with the brief,

immediately before the certificate of service, a certification,

signed by counsel of record, or in the case of parties filing briefs

pro se, by the party, that the brief contains no more than the

number of words allowed by this rule. For purposes of this

certification, counsel and parties may rely on word counts

reported by word-processing software, as long as footnotes and

citations are included in those word counts.