11th Cir. R. 28-1

Each principal brief shall consist, in the order listed, of the

following:

(a) Cover Page. Elements to be shown on the cover page include the court of appeals docket

number centered at the top; the name of this court; the title of the case [see FRAP 12(a)]; the nature

of the proceeding [e.g., Appeal, Petition for Review]; the name of the court, agency, or board below;

the title of the brief, identifying the party or parties for whom the brief is filed; and the name, office

address, and telephone number of the attorney. See FRAP 32(a)(2).

(b) Statement Regarding Oral Argument. Appellant’s brief shall include a short statement of

whether or not oral argument is desired, and if so, the reasons why oral argument should be heard.

Appellee’s brief shall include a similar statement. The court will accord these statements due,

though not controlling, weight in determining whether oral argument will be heard. See FRAP 34(a)

and (f) and 11th Cir. R. 34-3(c).

(c) Table of Contents. The table of contents shall include page references to each section

required by this rule to be included within the brief. The table shall also include specific page

references to each heading or subheading of each issue argued.

(d) Table of Citations. The Table of Citations shall show the locations in the brief of citations,

and shall contain asterisks in the margin identifying the citations upon which the party primarily

relies. The Table of Citations should not use the “passim” notation, but should instead list every page

on which an authority is cited. Page ranges may be used if the authority is cited on every page in the

range (e.g., “7-10” instead of “7, 8, 9, 10”).

(e) Statement Regarding Adoption of Briefs of Other Parties. A party who adopts by reference

any part of the brief of another party pursuant to FRAP 28(i) shall include a statement describing in

detail which briefs and which portions of those briefs are adopted.

(f) Statement of Subject-Matter and Appellate Jurisdiction. The jurisdictional statement must

contain all information required by FRAP 28(a)(4)(A) through (D).

(g) Statement of the Issues.

(h) Statement of the Case. In the statement of the case, as in all other sections of the brief, every

assertion regarding matter in the record shall be supported by a reference to the record, as described

in 11th Cir. R. 28-5. The statement of the case shall briefly recite the nature of the case and shall

then include:

(i) the course of proceedings and dispositions in the court below. IN CRIMINAL APPEALS,

COUNSEL MUST STATE WHETHER THE PARTY THEY REPRESENT IS

INCARCERATED;

(ii) a statement of the facts. A proper statement of facts reflects a high standard of

professionalism. It must state the facts accurately, those favorable and those unfavorable to

the party. Inferences drawn from facts must be identified as such;

(iii) a statement of the standard or scope of review for each contention. For example, where the

appeal is from an exercise of district court discretion, there shall be a statement that the

standard of review is whether the district court abused its discretion. The appropriate

standard or scope of review for other contentions should be similarly indicated, e.g., that the

district court erred in formulating or applying a rule of law; or that there is insufficient

evidence to support a verdict; or that fact findings of the trial judge are clearly erroneous

under Fed.R.Civ.P. 52(a); or that there is a lack of substantial evidence in the record as a

whole to support the factual findings of an administrative agency; or that the agency’s action,

findings and conclusions should be held unlawful and set aside for the reasons set forth in

5 U.S.C. § 706(2).

(i) Summary of the Argument. The opening briefs of the parties shall also contain a summary

of argument, suitably paragraphed, which should be a clear, accurate and succinct condensation of

the argument actually made in the body of the brief. It should not be a mere repetition of the

headings under which the argument is arranged. It should seldom exceed two and never five pages.

(j) Argument and Citations of Authority. Citations of authority in the brief shall comply with

the rules of citation in the latest edition of either the “Bluebook” (A Uniform System of Citation)

or the “ALWD Guide” (Association of Legal Writing Directors’ Guide to Legal Citation). Citations

shall reference the specific page number(s) which relate to the proposition for which the case is cited.

For state reported cases the national reporter series should be cross referenced (e.g., Southern

Reporter, Southeast Reporter).

(k) Conclusion.

(l) Certificate of Compliance. The certificate described in FRAP 32(g), if required by that rule.

(m) Certificate of Service. The certificate described in FRAP 25(d), if required by that rule.