Court of Appeals Revises Rules on Briefing

The new rules . . . include mandatory and optional items.

Non-mandatory items identified by the new rule include tables of contents and authorities and an introduction to the key issues and arguments, both of which would precede the jurisdictional statement, and a summary of each argument, which would present the arguments themselves.

The appellee’s brief Rule 25 (b) similarly identifies required and optional elements, as does the reply brief Rule 25 (c).

The only addition to the court’s general provisions in Rule 25 (d) is the recommendation regarding citations to the record; in addition to citing the Court of Appeals pdf volume and page number, “[p]arties may include any additional reference information to assist the Court in locating citations to the record.”

A longer description of the new rules changes follows. The new rules can be found at https://www.gaappeals.us/rules-23-27/

*Under the old rule, the appellant’s brief was to contain three parts: Section 1: a statement of proceedings below, relevant facts, method of preserving error for review, and an optional a summary of argument; Section 2: enumerations of error; and Section 3: argument, citation of authorities, and standard of review for each issue.

A Deeper Dive into New Briefing Rules

The Court of Appeals of Georgia has amended Rule 25 to prescribe a revised format for the content and structure of briefs. The table below summarizes the new rule, with additional explanations below.

Appellant’s Brief: Rule 25 (a)

Rule 25 (a) no longer requires three parts to an appellant’s brief. Instead, the Court has identified seven items that it deems helpful, and has designated the order in which the items must appear. Four of the items are mandatory (Items (3), (4), (5), and (7), bolded below).

• Table of contents and table of cited authorities
• Introduction
• Jurisdictional statement
• Enumeration of errors
• Statement of the case
• Summary of argument
• Argument

The revised rule clarifies the requirements for each item.

1.   Tables: Rule 25 (a) (1) suggests that for “briefs of significant length or complexity,” an appellant should include a table of contents and table of cited authorities, each with page references.
2.   Introduction: Rule 25 (a) (2) suggests including a “concise introduction setting out the key issues and arguments on appeal.” This is distinct from a “summary of argument,” as defined in revised Rule 25 (6).
3.   Jurisdictional Statement (mandatory): Rule 25 (a) (3) expands the jurisdictional statement requirement, which previously required only “a statement of jurisdiction as to why this Court, and not the Supreme Court, has jurisdiction.” Now, statements of jurisdiction must identify:
4.        The statutory basis for this Court’s appellate jurisdiction. See, for example, OCGA §§ 5-6-34, 5-6-35.
5.       The basis for jurisdiction in the Court of Appeals instead of the Supreme Court. See, for example, Ga. Const. Art. VI, Sec. VI, Pars. II, III; OCGA § 15-3-3.1.
6.      The filing dates establishing that the appeal is timely. See, for example, OCGA §§ 5-6-38, 5-6-39.
7.   Enumeration of Errors (mandatory): Rule 25 (a) (4) continues the requirement that an appellant’s brief must include an enumeration of errors. The revised rule explains that this section “must identify separately and concisely each allegedly erroneous ruling the appellant relies on as a basis for reversal of the judgment on appeal.”
8.   Statement of the Case (mandatory): Rule 25 (a) (5) clarifies the components of the statement of the case, which were previously included in Part One of the appellant’s brief. The revised rule requires the appellant to set out the material facts relevant to the appeal, describe the relevant proceedings below, and identify how each enumerated error was preserved with review, with appropriate citations to the record.
9.   Summary of Argument: Rule 25 (a) (6) suggests including a summary of argument for “briefs of significant length or complexity.” This item is distinct from the introduction described in Rule 25 (a) (2). The summary of argument “presents, plainly and concisely, each argument in the order presented in the body of the brief,” and should not “merely repeat the argument headings.”
10.   Argument (mandatory): Rule 25 (a) (7) retains the prior requirements for the argument and citation of authorities, including a concise statement of the applicable standard(s) of review, but clarifies that the argument “should generally follow the order of the enumeration of errors,” and encourages point headings to identify and organize arguments.

Appellee’s Brief: Rule 25 (b)

Rule 25 (b) no longer requires an appellee’s brief to consist of two parts. Rather, the revised rule prescribes the same format and minimum requirements as the appellant’s brief, except that the appellee is not required to include an enumeration of errors, as in Rule 25 (a) (4).

Likewise, the appellee may also omit the jurisdictional statement and the statement of the case described in Rule 25 (a)3) and (5) if “satisfied with their presentation by the appellant.”

Thus, in some cases, it is acceptable for an appellee to submit a brief consisting only of the argument, citation of authorities, and a statement of the applicable standard(s) of review, as outlined in Rule 25 (a) (7).

The revised rule carries forward the requirement that the appellee point out any inconsistencies in the appellant’s statement of facts, but this item must now appear in the argument section of the brief. (The former rule required the appellee to make these points in Part One.) The revised rule also emphasizes that the appellee must identify any such points of disagreement with supporting citations to the record.

Reply Brief: Rule 25 (c)

The revised rule explains that an appellant’s reply brief need only include the argument, although for reply briefs of significant length and complexity, the Court encourages including a table of contents and authorities and an introduction.

General Provisions: Rule 25 (d)

Rule 25 (d) incorporates the language of former Rule 25 (c) almost verbatim, including the statement that an enumeration unsupported by argument and citation will be deemed abandoned. Rule 25 (d) (1).

The only substantive change to the rule concerns citations to the record. In addition to citing to the Court of Appeals pdf volume and page numbers, parties “may include any additional reference information to assist the Court in locating citations to the record, including parallel citations where helpful.” Rule 25 (d) (2).