Fed. R. App. P. 28

(a) Appellant’s Brief. The appellant’s brief must contain, under

appropriate headings and in the order indicated:

(1) a disclosure statement if required by Rule 26.1;

(2) a table of contents, with page references;

(3) a table of authorities—cases (alphabetically arranged),

statutes, and other authorities—with references to the pages

of the brief where they are cited;

(4) a jurisdictional statement, including:

(A) the basis for the district court’s or agency’s subject-matter jurisdiction, with citations to applicable statutory

provisions and stating relevant facts establishing jurisdiction;

(B) the basis for the court of appeals’ jurisdiction, with

citations to applicable statutory provisions and stating

relevant facts establishing jurisdiction;

(C) the filing dates establishing the timeliness of the appeal or petition for review; and

(D) an assertion that the appeal is from a final order or

judgment that disposes of all parties’ claims, or information establishing the court of appeals’ jurisdiction on some

other basis;

(5) a statement of the issues presented for review;

(6) a concise statement of the case setting out the facts relevant to the issues submitted for review, describing the relevant procedural history, and identifying the rulings presented for review, with appropriate references to the record

(see Rule 28(e));

(7) a summary of the argument, which must contain a succinct, clear, and accurate statement of the arguments made in

the body of the brief, and which must not merely repeat the

argument headings;

(8) the argument, which must contain:

(A) appellant’s contentions and the reasons for them,

with citations to the authorities and parts of the record on

which the appellant relies; and

(B) for each issue, a concise statement of the applicable

standard of review (which may appear in the discussion of

32 Rule 28 FEDERAL RULES OF APPELLATE PROCEDURE

the issue or under a separate heading placed before the discussion of the issues);

(9) a short conclusion stating the precise relief sought; and

(10) the certificate of compliance, if required by Rule

32(g)(1).

(b) Appellee’s Brief. The appellee’s brief must conform to the requirements of Rule 28(a)(1)–(8) and (10), except that none of the following need appear unless the appellee is dissatisfied with the appellant’s statement:

(1) the jurisdictional statement;

(2) the statement of the issues;

(3) the statement of the case; and

(4) the statement of the standard of review.

(c) Reply Brief. The appellant may file a brief in reply to the appellee’s brief. Unless the court permits, no further briefs may be

filed. A reply brief must contain a table of contents, with page references, and a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with references to the

pages of the reply brief where they are cited.

(d) References to Parties. In briefs and at oral argument, counsel

should minimize use of the terms ‘‘appellant’’ and ‘‘appellee.’’ To

make briefs clear, counsel should use the parties’ actual names or

the designations used in the lower court or agency proceeding, or

such descriptive terms as ‘‘the employee,’’ ‘‘the injured person,’’

‘‘the taxpayer,’’ ‘‘the ship,’’ ‘‘the stevedore.’’

(e) References to the Record. References to the parts of the

record contained in the appendix filed with the appellant’s brief

must be to the pages of the appendix. If the appendix is prepared

after the briefs are filed, a party referring to the record must follow one of the methods detailed in Rule 30(c). If the original

record is used under Rule 30(f) and is not consecutively paginated,

or if the brief refers to an unreproduced part of the record, any

reference must be to the page of the original document. For example:

• Answer p. 7;

• Motion for Judgment p. 2;

• Transcript p. 231.

Only clear abbreviations may be used. A party referring to evidence whose admissibility is in controversy must cite the pages of

the appendix or of the transcript at which the evidence was identified, offered, and received or rejected.

(f) Reproduction of Statutes, Rules, Regulations, etc. If the

court’s determination of the issues presented requires the study of

statutes, rules, regulations, etc., the relevant parts must be set

out in the brief or in an addendum at the end, or may be supplied

to the court in pamphlet form.

(g) [Reserved]

(h) [Reserved]

(i) Briefs in a Case Involving Multiple Appellants or Appellees. In

a case involving more than one appellant or appellee, including

consolidated cases, any number of appellants or appellees may

join in a brief, and any party may adopt by reference a part of another’s brief. Parties may also join in reply briefs.

(j) Citation of Supplemental Authorities. If pertinent and significant authorities come to a party’s attention after the party’s brief

33 Rule 28.1 FEDERAL RULES OF APPELLATE PROCEDURE

has been filed—or after oral argument but before decision—a party

may promptly advise the circuit clerk by letter, with a copy to all

other parties, setting forth the citations. The letter must state

the reasons for the supplemental citations, referring either to the

page of the brief or to a point argued orally. The body of the letter

must not exceed 350 words. Any response must be made promptly

and must be similarly limited.

(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July

1, 1986; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 30, 1991, eff. Dec. 1, 1991;

Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 1994, eff. Dec. 1, 1994; Apr.

24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005,

eff. Dec. 1, 2005; Apr. 16, 2013, eff. Dec. 1, 2013; Apr. 28, 2016, eff. Dec.

1, 2016; Apr. 25, 2019, eff. Dec. 1, 2019.)