EZRCP · Virginia · Part Three - Practice and Procedure in Civil Actions · Va. Sup. Ct. R. 5:26

Va. Sup. Ct. R. 5:26. — General Requirements for All Briefs

Virginia · Part Three - Practice and Procedure in Civil Actions

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Rule text

(b) Length. - Except by permission of a Justice of this Court, neither the opening brief of appellant, nor the brief of appellee, nor the brief of an amicus curiae may exceed the longer of 50 pages or 8,750 words. No reply brief may exceed the longer of 15 pages or 2,625 words. Briefs of amici curiae must comply with the page limits that apply to briefs of the party being supported. The page or word limits under this Rule do not include appendices, the cover page, table of contents, table of authorities, signature blocks, or certificate. There will be no exception to these limits except by permission of this Court on motion for extension of the limits.

(2) The brief of appellee must be filed in the office of the clerk of this Court within 25 days after filing of the opening brief.

(3) The appellant may file a reply brief in the office of the clerk of this Court within 14 days after filing of the brief of appellee.

(4) If the reply brief of the appellant addresses cross-error, the appellee may file a reply brief in support of cross-error in the office of the clerk of this Court within 14 days after the filing of the reply brief of appellant.

(d) Extension of Time. - Upon motion and with permission of a Justice of this Court, the time for filing any brief in this Court may be altered.

(e) Reference to Parties. - In their briefs, counsel should avoid reference to parties by such designations as "appellant" and "appellee." Clarity is promoted by the use of the names of the parties or descriptive terms such as "the employee," "the injured person," "the driver," "the wife," or the designations used in the lower court or commission.

(f) Arguments Made by Reference. - Attempts to incorporate arguments made below by reference to pleadings, motions, memorandum, or other filings are prohibited.

(g) Signature and Certificate. - All briefs must contain the signature, which need not be in handwriting, of at least one counsel of record, counsel's Virginia State Bar number, address, telephone number, facsimile number (if any), and email address, and a certificate that there has been compliance with this Rule. If a word count is used, the certificate must also state the number of words (headings, footnotes, and quotations count towards the word limitation; the cover page, table of contents, table of authorities, signature blocks, and certificate do not count towards the word count).

(h) Failure to File Complying Brief. - Any party who fails to file a brief in compliance with these Rules or otherwise fails to file a required brief may be subject to sanctions deemed reasonable by the Court, including, but not limited to, forfeiture of oral argument.

Last amended by Order dated June 21, 2024; effective August 20, 2024.