By Sara E. Bussiere

Effective July 15, 2017, Superior Court Civil Rules of Procedure 107(b) and (h), which govern the typeface and type-volume requirements for briefs, will be amended.  Rule 107(b) will require that all briefs, including footnotes, be in 14-point type in Times New Roman font.  In addition, the page count previously set forth in Rule 107(h) has been replaced with a word count (see summary below for specific requirements).  Amended Rule 107(h) will also require a Certificate of Compliance With Typeface and Type-Volume Limitations, as set forth in Form 48.  Finally, Rule 107(j), a new rule, will permit the inclusion of an appendix of documents or testimony from the factual record in support of a party’s position, so long as those materials are not duplicative of materials previously provided by another party.

A copy of the Order amending the aforementioned Rules can be found here.

Below please find a summary of the key brief requirements following the July 15, 2017 amendments, with changes underlined for emphasis:

Typeface Requirements (Rule 107(b)):

• Double spaced


• Times New Roman


• 14-point font


• 2 spaces between sentences


• Footnotes: single spaced, 14 point font, 2 spaces between sentences

 

Form (Rule 107(d)):

• Cover must contain:
  
  
  
  • case caption
  
  
  • case number
  
  
  • names and addresses of counsel
  
  
  
  


• 5 X 11 in. paper, bound left margin


• Citations:
  
  
  
  • Reported cases: The Bluebook: A Uniform System of Citation
  
  
  • Unreported cases: any of the three alternatives:
    
    
    
    • LEXIS – Fox v. Fox, 1998 LEXIS 179 (Del. Supr.)
    
    
    • WESTLAW – Fox v. Fox, 1998 WL 280361 (Del. Supr.)
    
    
    • DELAWARE – Fox v. Fox, Del. Supr., No. 510, 1997, Berger, J. (May 14, 1998)
    
    
    
    
  
  
  
  

 

Contents (Rule 171(e)):

• Table of contents or index


• Table of citations arranged alphabetically


• In the first brief of each party, a statement of the case, including a statement of the nature of the proceedings and a concise chronological statement, in narrative form, of all relevant facts with page references to the transcript of testimony, if any, and to any pleadings and exhibits


• Statement of the questions involved


• Argument, divided into sections under appropriate headings, one section to be devoted to each of the questions involved

 

Length of Briefs (Rule 107(h)):

• Type-volume limitation (exclusive of cover page, tables of contents and authorities, and appendix):
  
  
  
  • Opening/Answering: 8,000
  
  
  • Reply: 5,500
  
  
  
  


• Certificate of Compliance Required
  
  
  
  • Certify brief complies with typeface requirement of Rule 107(b) and typeface requirement of Rule 107(h)(1)
  
  
  • Must state number of words in the brief (may be counted by Microsoft Word)
  
  
  • Form 48