(A) The front cover of the brief shall contain:
(1) The name of the governmental agency in which the matter originated and the number of the case;
(2) The title of the case;
(3) The nature of the proceeding (e.g., appeal from adoption of a regulation or granting of a permit, etc.);
(4) The title of the document (e.g., "Brief of Appellant"); and
(5) The name(s) and address(es) of counsel representing the party on whose behalf the document is filed.
(B) The brief of appellant shall contain the following, under appropriate headings and in the order indicated:
(1) A table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the brief where they are cited.
(2) A statement of the assignments of error presented for review.
(3) A statement of the case and facts. The statement shall first briefly state the nature of the case, the course of proceedings, and its disposition below. There shall follow a statement of the facts relevant to the assignments of error presented for review, with appropriate references to the record.
(4) An argument. The argument may be preceded by a summary. The argument shall contain the contentions of the appellant with respect to the assignments of error presented, and the reasons therefore, with citations to any authorities, affidavits, and precise parts of the evidence or testimony relied upon.
(5) A short conclusion stating the relief sought.
(C) The brief of the appellee shall conform to the requirements of paragraphs (A) to (B) of this rule, except that a statement of the case or of the facts relevant to the assignments of error need not be made unless the appellee is dissatisfied with the statement contained in the brief filed by the appellant.
(D) Appellant may file a reply brief to the brief of appellee, and if the appellee has cross- appealed, the appellee may file a brief in reply to the response of the appellant to the assignments of errors presented by the cross-appeal. No further briefs may be filed except with leave of the commission.
(E) If determination of the assignments of error presented requires the consideration of provisions of statutes, ordinances, rules, regulations, or case law, a complete copy of the provision or case shall accompany the brief.
Five Year Review (FYR) Dates: 04/21/2022
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.03 , 3745.04, 3745.05
Prior Effective Dates: 10/23/73, 3/9/99, 5/27/04, 6/21/09, 5/30/14