Current through November 28, 2024
(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;
(4) be on white
paper eight and one-half inches wide and 11 inches long;
(5) have one-inch margins all
around;
(6) have footers and
footnotes that are single-spaced; the footers and footnotes may be typed in a
smaller font, but not smaller than 10-point;
(7) if longer than one page, have pages
numbered consecutively; and
(8)
include proof of service on the other parties.
(b) The first page of briefs and memoranda
must contain
(1) the name, current mailing
address, telephone number, and electronic mail address or facsimile number of
the party filing the document;
(2)
the commission case number, board decision 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 by the moving party are not permitted unless ordered by the
chair.
(d) An 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) An 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) An
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 a cross-appeal, a
brief from an appellee who is cross-appealing is limited to 60 pages and must
include, in addition to the items required for an appellee's brief as provided
under (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 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 under (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
(1) specifies the nature of the failure;
and
(2) states that if the party
fails to take appropriate corrective action not later than 20 days after the
date shown in the certificate of distribution, unless distributed by mail, of
the written notice,
(A) the appeal may be
dismissed; or
(B) the party may be
prohibited from further participation in the appeal.
Authority:AS
23.30.008
AS 23.30.009
AS 23.30.127
AS
23.30.128
