Memorandum

To:	All Judges
From:	Chief Judge Gary B. Andrews
Subject:	Rule 27 (c)(iii) Modification
Date:	February 13, 1998

Attached please find the change to Rule 27 (c)(iii) suggested by Presiding Judge Pope at the December Banc Meeting. The purpose of this rule is to direct attorneys to cite the volume of the record or transcript.

The attached rule is the product of Presiding Judge Pope and Bill Martin's collaboration. Please vote on the attached voting ticket if you agree with the rule or disagree with the rule and circulate the memo to the judge listed below your name after you have voted.

Please return the memorandum to me after you have completed voting.

Attachments

Rule 27.	Structure and Content.

(a)	Appellant.

The brief of appellant shall consist of three parts:

(1)	Part One shall contain a succinct and accurate statement of the proceedings below and the material facts relevant to the appeal and the citation of such parts of the record or transcript essential to a consideration of the errors complained of, and a statement of the method by which each enumeration of error was preserved for consideration. Record and transcript citations must be to the volume or part of the record or transcript and the page numbers that appear on the appellate records or transcript as sent from the court below.

(2)	Part Two shall consist of the enumeration of errors. This is in addition to the original enumeration of errors required by Rule 22 (a).

(3)	Part Three shall contain the argument and citation of authorities. It shall also include a concise statement of the applicable standard of review with supporting authority for each issue presented in the brief.

(b)	Appellee.

The brief of appellee shall be divided in the following manner:

(1)	Part One shall point out any material inaccuracy or incompleteness of appellant's statement of facts and any additional statement of facts deemed necessary, plus such additional parts of the record or transcript deemed material. Failure to do so shall constitute consent to a decision based on the appellant's statement of facts. Except as controverted, appellant's statement of facts may be accepted by this Court as true.

(2)	Part Two shall contain appellee's argument and the citation of authorities as to each enumeration of error. It shall also include the standard of review if different from that contended by the appellant.

(c)	General Provisions.

(1)	Sequence of Argument.

The sequence of arguments in the briefs shall follow the order of the enumeration of errors, and shall be numbered accordingly.

(2)	Unsupported Claim of Error Treated as Abandoned.

Any enumeration of error which is not supported in the brief by citation of authority or argument shall be deemed abandoned.

(3)	References to Record or Transcript.

( i )	Each enumerated error shall be supported in the brief by specific reference to the record or transcript. In the absence of such reference, the Court will not search for or consider such enumeration.

(ii)	A contention that certain matters are not supported by the record may be answered by reference to particular pages where they appear.

(iii)	Reference to the record should be indicated by specific volume or part of the record and by (R- Page Number of the Record). Reference to the transcript should be indicated by specific volume or part of the transcript and by (T-Page Number of the Transcript). Reference to a motion transcript should be indicated by (MT-Page Number of the Transcript and date of the hearing).

Rule 27 (c) (iii) Modification

Judge	Agree	Disagree
Chief Judge Gary B. Andrews

Presiding Judge William McMurray

Presiding Judge A.W. Birdsong

Presiding Judge Marion Pope

Judge Dorothy Toth Beasley

Judge Edward H. Johnson

Judge G. Alan Blackburn

Judge J.D. Smith

Judge John H. Ruffin

Judge Frank M. Eldridge