Section TCT.03.08 — Briefs

(a) Briefs Generally.

(1) All briefs to the Stockbridge-Munsee Court of Appeals shall be on 8½" by 11½" white paper, stapled at the top left-hand corner of said paper and including the following:

(A) the style of the case;

(B) the type of brief (e.g. Appellant's brief);

(D) issues;

(E) argument;

(F) conclusion; and

(G) a certificate of service to all parties in the appeal.

(2) While technical formalities are relaxed, all briefs shall confine themselves to pleadings and facts actually presented to the Stockbridge-Munsee Tribal Court.

(3) References to legal arguments shall give complete ordinance or case citations.

(4) Briefs shall be typed in 12-point size and double spaced using standard fonts such as Times New Roman.

(5) Block quotes of over 50 words may be single spaced and indented.

(b) Appellant's Brief.

(1) The appellant shall file the appellant's brief within thirty (30) days of the appellate record being completed and notice of said completion of the appellate record is sent to all parties of record in the appeal by the Tribal Court Clerk.

(2) The appellant's brief shall specifically state how appellant believes the Stockbridge-Munsee Tribal Court erred and how said error, if found, would not be considered "harmless error."

(3) Appellant shall file an original and three (3) exact copies of the appellant's brief with the Stockbridge-Munsee Tribal Court Clerk.

(4) Appellant's briefs shall not exceed twenty-five (25) pages in length absent leave of court.

(5) An exact copy of the appellant's brief shall be mailed, postage prepaid in the U.S. Mail, or e-mailed, to all other parties of record in the appeal.

(1) Appellee shall file the appellee's brief within thirty (30) days of appellant filing the appellant's brief.

(2) Appellee shall file an original and three (3) copies to the appellee's brief with the Stockbridge-Munsee Tribal Court Clerk and/or Court Administrator.

(3) Appellee's briefs shall not exceed twenty-five (25) pages in length absent leave of court.

(4) An exact copy of the appellee's brief shall be mailed, postage prepaid in the U.S. Mail, or e-mailed to all other parties of record in the appeal.

(d) Appellant's Reply Brief.

(1) Appellant may, but is not required to, present a reply brief to the arguments set out in the appellee's brief.

(2) If a reply brief is to be filed, it shall be done within fourteen (14) days of the appellee's brief being filed.

(3) An original and three (3) copies of said reply brief shall be filed with the Stockbridge-Munsee Tribal Court Clerk.

(4) An appellant's reply brief shall not exceed five (5) pages in length absent leave of court and shall only address points set out in the appellee's brief, not advance new arguments.

(5) An exact copy of the reply brief shall be mailed, postage prepaid in the U.S. Mail, or e-mailed to all parties of record in the appeal.

(6) Absent leave of court, appellees will not be permitted to file reply arguments to the appellant's reply brief.

(e) Amicus Briefs.

(1) Amicus briefs (a/k/a "Friend of the Court briefs") may be allowed through motion by leave of the Court and shall be filed, at latest, within fourteen (14) days after the appellee files a brief.

(2) Amicus briefs shall not exceed ten (10) pages in length absent specific permission from the Court.

(3) An exact copy of all Amicus briefs brief shall be mailed, postage prepaid in the U.S. Mail, or e-mailed to all other parties of record in the appeal.

(f) Brief Filing Time Cut-Off.

(1) In the event, for whatever reason, that the final date to file a brief with the Stockbridge-Munsee Court of Appeals falls on a date where the Stockbridge-Munsee Tribal Court is closed, the brief may be filed on the next date in which the Stockbridge-Munsee Tribal Court is open.

(2) For filing purposes, any pleading that has a postal time/date stamp or the functional equivalent that indicates the brief was mailed prior to the filing time cut-off, the brief shall then be considered timely filed.

(3) If an appellant fails to timely file a brief, the Stockbridge-Munsee Court of Appeals may, in the court's discretion, dismiss the appeal.

(4) If an appellee fails to timely file a brief, the Stockbridge-Munsee Court of Appeals shall review the matter solely on the technical record and the appellant's brief.