Rule 2.104. Font size; printing
Unless otherwise specified in these rules, all papers filed must be prepared using a font size not smaller than 12 points. All papers not filed electronically must be printed or typewritten or be prepared by a photocopying or other duplication process that will produce clear and permanent copies equally as legible as printing.
Rule 2.104 amended effective January 1, 2017; adopted effective January 1, 2007; previously amended effective January 1, 2016.
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The Federal Rules of Civil Procedure (“FRCP”) govern court procedure for civil cases (rather than criminal cases, which are governed by the Federal Rules of Criminal Procedure) in United States Federal District Courts. While the rules apply to practice in all US District Courts, many courts also issue their own rules that relate to specific procedural requirements when practicing before those courts.
Prior to 1938, federal courts had separate rules for civil cases in suits in equity and suits at law. (For an explanation of the difference between equity and law, this article may be of help). In 1938, the Supreme Court issued the current modern rules of civil procedure, abolishing separate rules for equity. The rules have continued to be amended over time, with the latest rewrite, to improve style and consistency, in 2007.
This online edition of the Federal Rules of Civil Procedure is designed for ease of use and works well both on the desktop browser and on mobile devices. Rules are cross-linked for easy access and the notes on each rule’s history include links to cited cases and statutes. This site is updated annually as the rules are modified and amended, so you can be sure you’re always up to date. This site has been updated with all amendments to the rules for 2022.
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Rule 32 was amended, effective March 1, 1996; amended effective September 11, 1996, subject to comment; final adoption on October 23, 1996; amended effectiveAugust 1, 2001;March 1, 2003; March 1, 2007;March 1, 2008;March 1, 2010;March 1, 2013; October 1, 2014;March 1, 2017;March 1, 2018; March 1, 2019; March 1, 2022.
Rule 32 was amended, effective September 11, 1996, with respect to the allowable characters per inch with proportionally spaced typeface in subparagraph (a) (5) (A).
Rule 32 was revised, effectiveMarch 1, 2003, in response to the December 1, 1998, amendments to Fed.R.App.P. 32. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Paragraph (a)(2) was amended, effectiveMarch 1, 2007, to specify the cover color for a petition for rehearing.
Paragraph (a)(3) , effectiveMarch 1, 2003, requires a brief to be bound in a secure manner, however, this is not intended to allow staples or slide-lock or slide-grip bindings.
Paragraphs (a)(6) and (a) (7) , which include type style requirements and page and type-volume limitations, were adopted, effectiveMarch 1, 2003. These limitations were moved to this rule from Rule 28 and generally do not follow the federal format requirements. As used in paragraph (a) (6) , "plain, roman style" does not includeitalicized, bold, or cursive type-styles.
Paragraph (a)(7) was amended, effectiveMarch 1, 2018, to specify that paragraphs must be numbered using arabic numerals.
Paragraph (a)(8) was amended, effective March 1, 2013, to decrease the page and type volume allowed in a primary brief and a response brief.
Paragraph (a)(8) was amended, effective March 1, 2019, to use only page counts for filings.
Paragraph (a)(8), effective March 1, 2003, limits the length of a brief. A person may rely on the word or line count of the word-processing system used to prepare the brief.
Subparagraph (a)(8)(C) was adopted, effectiveMarch 1, 2010, to limit the length of an argument on the appropriateness of N.D.R.Civ.P. 54(b) certification.
Subdivision (a) was amended, effectiveOctober 1, 2014, to conform the rule to electronic filing.
Paragraph (b)(2), was amended, effectiveMarch 1, 2008, to transfer length requirements for petitions for rehearing toRule 40.
Subdivision (b) was amended, effectiveOctober 1, 2014, to clarify that paragraph numbers are required in all documents submitted to the court unless a specified exception applies.
Subdivision (d) was amended, effective March 1, 2019, to require certification of the page count by filers.
Rule 32 was amended, effectiveOctober 1, 2014, to replace "supreme court clerk" with "clerk of the supreme court" and "paper" with "document."
Rule 32 was amended, effective March 1, 2022, to remove references to the appendix and retitle the rule.
SOURCES: Joint Procedure Committee Minutes of September 30, 2021, pages 2-9; January 26-27, 2017, page 30;January 28-29, 2016, page 8; September 26, 2013, pages 27-28;January 26-27, 2012, pages 8-9;September 30, 2011, pages 11-12;April 28-29, 2011, page 18-20;September 24-25, 2009, pages 15-16; April 26-27, 2007, page 18;January 25, 2007, page 19;September 22-23, 2005, page 27;January 24-25, 2002, pages 7-9;September 27-28, 2001, pages 23-25; April 26-27, 2001, page 9;April 27-28, 1995, pages 15-17;May 25-26, 1978, pages 17-18;January 12-13, 1978, pages 20-22. Fed.R.App.P. 32,3. 13(e) and 3. 31, ABA Standards Relating to Appellate Courts (Approved Draft, 1977).
STATUTES AFFECTED:
SUPERSEDED: N.D.C.C. § 29-28-19.
CROSS REFERENCE: N.D.R.App.P. 27(Motions) ; N.D.R.App.P. 28(Briefs) ; N.D.R.App.P. 29 (Brief of an Amicus Curiae) ; N.D.R.App.P. 30(References to the Record) ; N.D.R.App.P. 40 (Petition for Rehearing).