Supreme Court of Virginia

Brief and appendix rules we apply — State appeal, $299.

Format

Type: Times New Roman 14 pt, double-spaced
Margins: 1-inch margins
Opening brief: 8,750 words or 50 pages
Reply brief: 2,625 words or 15 pages
What counts: Longer of pages or words. Excludes appendices, cover, TOC, TOA, certificate; headings, footnotes, quotations count. Petition for appeal: 6,125 words / 35 pages (Rule 5:17)
Rules: Rules of Supreme Court of Virginia, Part 5 — Rule 5:6 (8.5x11; 1-in. margins; >=14-pt in approved font; double-spaced except headings, assignments of error, quotations >49 words, footnotes); Rule 5:26 (eff. Aug. 20, 2024)

Parts of the brief, in order

Cover page — Required · Rule 5:6
TABLE OF CONTENTS — Required · Rule 5:27(a)
TABLE OF AUTHORITIES — Required · Rule 5:27(a)
STATEMENT OF THE CASE — Required · Rule 5:27(b)
ASSIGNMENTS OF ERROR — Required · Rule 5:27(c)
STANDARD OF REVIEW AND ARGUMENT — Required · Rule 5:27(d)
CONCLUSION — Required · Rule 5:27(e)
Signature block — Required · Rule 5:26
CERTIFICATE — Required · Rule 5:26

Argument headings: Standard of review, argument and authorities for each assignment of error stated in one place

Standard of review: With the argument for each assignment of error (Rule 5:27(d))

Record citations: (App. 12) - statement of case and assignments of error reference appendix pages

Appendix

Required. Pages are numbered like App. 12. (Rule 5:32)

initial pleading (as amended)
final judgment and opinions
testimony and incidents germane to assignments of error
necessary exhibits
granted assignments of error

Filed by appellant; TOC shows page where each part begins incl. witness testimony; omissions marked by asterisks

Certificates

Compliance: Certificate of compliance; if word count used, states number of words
Service: Certificate of service

Good to know

Appeal begins with petition for appeal (Rule 5:17) listing assignments of error first; merits briefs follow grant

Filing: VACES (Virginia Appellate Courts eFiling System) per Rule 5:1B

Questions

What font and spacing does the Supreme Court of Virginia require for briefs?

Times New Roman 14 pt, double-spaced; 1-inch margins (Rule 5:6 (8.5x11; 1-in. margins; >=14-pt in approved font; double-spaced except headings, assignments of error, quotations >49 words, footnotes)).

How long can an opening brief be in the Supreme Court of Virginia?

8,750 words or 50 pages (Rule 5:26 (eff. Aug. 20, 2024)). Reply brief: 2,625 words or 15 pages.

What goes in the appendix?

Appendix: initial pleading (as amended); final judgment and opinions; testimony and incidents germane to assignments of error; necessary exhibits; granted assignments of error.