Saint Regis Mohawk Tribe Law Library
Saint Regis Mohawk Tribal Code of Law.

2.05.120 [Rule 10] Briefs

(a) Brief of the Appellant

The appellant's brief shall clearly state under appropriate headings and in the order indicated:

(1) A table of contents with page references.

(2) A table of citations, which shall be arranged alphabetically and case indexed with authorities cited, with reference to the pages of the briefs on which they are cited.

(3) A brief statement of the case, proceedings, and the disposition in the Tribal Court or administrative agency below.

(4) A statement of relevant facts to the issues presented for review, with appropriate references to the record. The statement shall not contain evidentiary matters unless material to a proper consideration of the issues is presented, in which instance reference shall be made to the record or page of the transcript wherever such evidence appears.

(5) A statement of the issues presented for review which shall be deemed to include every subsidiary issue comprised within.

(6) An argument, which shall contain the contentions of the appellant with respect to the issues presented, and the reasons, with citations to the authorities, statutes, ordinances and parts of the record relied on. The argument may include a summary. Citations of authorities shall be to the volume and page number of the official reporters and also when possible to the unofficial reporters and other sources.

(7) A short conclusion stating the relief sought.

(b) Brief of the Appellee

The Appellee's brief shall conform to the preceding subsection, except that a statement of the case, a statement of the proceedings, a statement of the facts, or a statement of the issues need not be included unless the appellant considers it to be insufficient or incorrect.

(c) Reply Brief

The appellant may file a reply brief, but it shall be confined to rebuttal of points argued in the appellee's brief. No further briefs may be filed except as provided in Section 2.05.140, Rule 12.

(d) Reproduction of the Tribal Code Provisions, Tribal Council Regulations, Applicable Statues, Rules, Regulations and Instructions; The Appendix

If the determination of the issues presented requires the study of the Tribal Code provisions, Tribal Council Resolutions, rules, applicable statutes, ordinances, regulations or instructions given or refused, the relevant parts of any of the foregoing shall be reproduced in the brief or in an appendix to the brief. An appendix may include additional items of the record, as provided in Section 2.05.100, Rule 8(a) (3). An appendix may include extended quotations from cases and authorities where quotations are required for proper presentation of the issues.

(e) Briefs in Cases Involving Cross-Appeals

A party who files a cross-appeal may combine in one brief his brief as appellee and as cross-appellant. If the appellant files a further brief, he may combine in one brief his reply brief as appellant and as cross-appellee. The cross-appellant may file a reply brief on the issues of cross-appeal.

(f) Briefs Involving Multiple Appellants or Appellees

In cases involving more than one appellant or appellee, including cases consolidated for appeal, any number of either may join in a single brief, and any appellant or appellee may adopt by reference any part of the brief of another.