Short answer. The brief must contain, in order, a subject index with a digest of arguments and citations, the assignment of errors, a Statement of the Case, a Statement of Facts, the issues submitted, an Argument section addressing each assigned error, and a Relief section stating what judgment is sought.
What the law says
The appellant's brief shall contain, in the order herein indicated, the following: (a) A subject index of the matter in the brief with a digest of the arguments and page references, and a table of cases alphabetically arranged, textbooks and statutes cited with references to the pages where they are cited; (b) An assignment of errors intended to be urged, which errors shall be separately, distinctly and concisely stated without repetition and numbered consecutively
Rule 44, Section 13 — Contents of appellant' s brief. Read the full provision →
What the law says
Under the heading "Relief," a specification of the order or judgment which the appellant seeks
Rule 44, Section 13 — Contents of appellant' s brief. Read the full provision →
A fixed order, not a free-form document
Section 13 is exacting about structure. The appellant's brief shall contain, in the order herein indicated, the following — it starts with a subject index of the matter in the brief with a digest of the arguments and page references, and a table of cases alphabetically arranged, textbooks and statutes cited with references to the pages where they are cited, followed by an assignment of errors intended to be urged, which errors shall be separately, distinctly and concisely stated without repetition and numbered consecutively.
Statement of the Case and Statement of Facts
The brief must then set out, under those specific headings, the nature of the action and the proceedings below, and a narrative account of the facts admitted and contested — both with page references to the record, so every factual assertion can be traced back to where it appears in the case file. Skipping the page references undermines the purpose of these sections even if the narrative itself is accurate.
Issues, Argument, and Relief
After the facts, the brief states the issues to be submitted for judgment, then presents the Argument addressing each assigned error with record references and cited authorities. It closes with the section headed Relief — a specification of the order or judgment which the appellant seeks — so the court knows precisely what outcome is being requested, rather than leaving the court to infer the desired disposition from the argument alone.
Why the format is enforced strictly
Appellate review works from the brief, not from a fresh reading of the entire trial record. A brief that skips a required part, or presents them out of order, makes it harder for the court to follow the appellant's position and can undercut an otherwise sound appeal — which is why counsel treat this checklist as mandatory rather than as a loose template.
Related provisions
- Rule 44, Section 13 — Contents of appellant' s brief
- Rule 44, Section 14 — Contents of appellee' s brief
- Rule 44, Section 15 — Questions that may be raised on appeal