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Rule 81. Papers Filed; Conformity; Form, Size, Copies
(a)
Conformity Required. All papers filed with the court shall be produced, duplicated, and filed in conformity with these rules as to means of production, methods of duplication, form and size, and number of copies.
(b)
Means of Production. All papers shall be plainly and legibly typewritten or otherwise produced by any duplicating or copying process.
(c)
Caption and Signing. All papers shall bear a caption in conformity with Rule
7 and shall be signed in conformity with Rule
11.
(d)
Numbering of Pages. The pages of each paper shall be numbered consecutively, commencing with the number 1.
(e)
Designation of Originals. When multiple copies of a paper are filed, one shall be designated as the original by the party.
(f)
Pleadings and Other Papers. Unless otherwise provided by these rules, all papers shall be filed in duplicate, only the original of which need be signed. Pleadings and other papers shall be 81/2 by 11 inches in size, with typed matter not exceeding 61/2 x 91/2 inches, and with type size of 12 points or larger, including type used in footnotes. Pages shall be numbered on the bottom portion thereof and bound or attached on the top margin. Typed matter shall be double spaced except footnotes, which may be single spaced, quoted material which may be indented and single spaced, and titles, schedules, tables, graphs, columns of figures, and other interspersed material which are more readable in a form other than double spaced.
(g)
Status of Action. Papers filed after an action has been commenced shall identify, with respect to each action affected by the papers, the court number assigned to the action, the court calendar on which the action is listed; and, if the action has been assigned, the name of the judge to whom the action has been assigned or reassigned.
(h)
Confidential Information.
(1)
If a party deems it necessary to refer in a pleading, motion, brief or other paper to confidential or privileged information, two sets of the pleadings, motions, briefs or other papers shall be filed.
(A)
Confidential Set. One set of the pleadings, motions, briefs or other papers shall be labeled “Confidential” on the cover page and be filed with the clerk of the court. In addition, each page containing confidential material shall bear a legend so indicating; however, in an action where Rule
73.2(c) is applicable, the label “Business Proprietary” may be used instead.
(B)
Nonconfidential Set. The second set of pleadings, motions, briefs or other papers shall be labeled “Nonconfidential” on the cover page and be filed with the clerk of the court. In addition, each page of the “nonconfidential” set from which confidential or privileged information has been deleted shall bear a legend so stating.
(2)
Each party to the action shall be served with one copy of the “nonconfidential” pleading, motion, brief or other paper, and, when permitted by an applicable protective order, one copy of the “confidential” pleading, motion, brief or other paper, in accordance with Rule
5.
(i)
Briefs or Memoranda. A brief or memorandum shall be filed in duplicate and shall be 81/2 by 11 inches in size. Pages shall be numbered on the bottom portion thereof and bound or attached on the left margin. Typed matter shall be double spaced, except quoted material which may be indented and single spaced, and except titles, schedules, tables, graphs, columns of figures, and other interspersed material which are more readable in a form other than double spaced.
(j)
Moving Party’s Brief or Memorandum. A brief or memorandum of the moving party shall contain under proper headings and arranged in the following order:
(2)
a table of statutes, regulations, and cases cited, giving the volume and page in the official editions where they may be found, and arranging the cases in alphabetical order;
(3)
in an action involving a specific importation, a brief description of the merchandise, country of origin and of exportation, date of exportation, date of entry, and port of entry;
(4)
(A)
in actions involving classification, the verbatim paragraph or paragraphs or item or items of the tariff statute under which the merchandise was assessed, and the verbatim paragraph or paragraphs or item or items under which it is claimed that the merchandise is properly dutiable, together with any other verbatim pertinent statutory provisions or regulations;
(5)
the questions presented for decision, including all subsidiary questions involved; when a brief is filed under Rule
56.2, the issues shall be presented in accordance with Rule
56.2(c)(1)(B), and need not be restated under this paragraph (5);
(6)
a concise statement of facts relevant to the issues with a specific citation to the page or pages in the record or exhibits supporting each such material fact;
(7)
a summary of argument, which shall be succinct, but accurate and clear, condensation of the contentions made in the body of the brief;
(k)
Responding Party’s Brief or Memorandum. A brief or memorandum of a responding party shall conform to the requirements prescribed in subdivision (j) of this rule, except that no statement of the facts need be made beyond what may be deemed necessary to correct any inaccuracies or omissions in the moving party’s brief, and except that items (3), (4) and (5) need not be included unless a responding party is dissatisfied with their presentation by the moving party.
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Notes
No Update(s)
Parallel authorities (CFR)
Title 28a RSS
Notes
No Update(s)
Parallel authorities (CFR)
Title 28a RSS
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