Section 8.57.150. Content and form of briefs and memoranda.

	(a)  Briefs and memoranda must  
		(1) be in clear and legible black typeface or hand printing in black ink;  
		(2) be in 12 or 13 point font size;  
		(3) be double-spaced;  
		(4) contain no more than 6-1/2 x 9-1/2 inches of printed or written matter on a page; footers and footnotes may be single-spaced and typed in a smaller font, but not smaller than 10 point;  
		(5) if longer than one page, have pages numbered consecutively; and  
		(6) provide proof of service on the other parties.  
	(b)  The first page of briefs and memoranda must contain  
		(1) the name, current mailing address, and telephone number of the party filing the document;  
		(2) the commission case number and board claim number; and  
		(3) the title of the document.  
	(c)  Unless otherwise provided in this chapter or by order of the chair or commission, memoranda in support of or in opposition to a motion are limited to 15 pages.  Reply memoranda are not permitted.  
	(d)  The appellant's brief is limited to 50 pages and must include  
		(1) a statement of the issues presented for review;  
		(2) a statement of the facts;  
		(3) a brief description of the proceedings before the board;  
		(4) a statement of the applicable standard of review;  
		(5) a section discussing the appellant's arguments on the issues presented;  
		(6) a short conclusion stating the precise relief sought; and.  
		(7) references to documents in the appellant's excerpt of record that support each factual assertion in the appellant's brief.  
	(e)  Each appellee's brief is limited to 50 pages and must include  
		(1) a section discussing that appellee's arguments on the issues presented;  
		(2) a section addressing any of the subjects or requirements under (d) of this section if that appellee is dissatisfied with the appellant's statements in those respects; and  
		(3) references to documents in that appellee's excerpt of record that support each factual assertion in that appellee's brief.  
	(f)  The appellant's reply brief is limited to 20 pages and must include references to documents in the appellant's excerpt of record or supplemental excerpt of record that support each factual assertion in the appellant's reply brief.  
	(g)  In the event of a cross-appeal, a brief from the appellee who is cross-appealing is limited to 50 pages and must include, in addition to the items required for an appellee's brief as provided in (e) of this section,  
		(1) a section discussing that party's claims of error and the claims of error raised in the original appellant's brief; and  
		(2) references to documents in the excerpt of record from the appellee who is cross-appealing that support each factual assertion in the brief.  
	(h)  In the event of a cross-appeal, the reply brief from an appellant who is also a cross-appellee is limited to 30 pages and must include, in addition to the items required for an appellant's reply brief as provided in (f) of this section,  
		(1) a section discussing both the claims of error in the cross-appellant's brief and the claims of error in the original appellant's brief; and  
		(2) references to documents in the excerpt of record or supplemental excerpt of record from the appellant who is also a cross-appellee that support each factual assertion in the reply brief.  
	(i)  References in briefing under (d)(7), (e)(3), (f), (g)(2), and (h)(2) of this section to documents in the parties' excerpts of record or supplemental excerpts of record must contain the respective excerpt of record or supplemental excerpt of record page number for each document, as provided in 8 AAC 57.180(d)(1).  
	(j)  The chair may reject a party's brief, memorandum, or other document filed with the commission if it fails to conform to the requirements in AS 23.30.125 - 23.30.128 or the requirements in this chapter.  In that event, the chair will issue a written notice to the party that specifies the nature of the failure and states that the appeal may be dismissed or the party may be prohibited from further participation in the appeal if the party fails to take appropriate corrective action no later than 20 days after receipt of the notice.  

Authorities

23.30.008;23.30.009;23.30.127;23.30.128

Notes

Reference

8 AAC 57.075
8 AAC 57.130
8 AAC 57.210

Authority

AS 23.30.008 AS 23.30.009 AS 23.30.127 AS 23.30.128

History

Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197