An application for an order or other relief shall be made in a motion to the Court of Appeals with proof of service on all other parties. All motions shall include:
(a) 
A statement of the relief sought;
(b) 
A statement of the grounds for the relief sought; and
(c) 
Supporting argument.
All motions shall be accompanied by an appropriate order prepared by the moving party. Any party may file a response in opposition to a motion within fourteen (14) days after service of the motion. The Court may shorten or extend the time allowed for responding to a motion. No motion shall be accepted for filing unless accompanied by proof of service on opposing parties.
(Res. 84 A 03, 2/14/1984)
The Chief Judge of the Court of Appeals will decide if an appeal conference is appropriate in each appeal, criminal and civil. The Court Clerk will notify each party if an appeal conference is to be held. The notice shall specify the date, time and place of the conference, whether the parties are required to attend as well as their counsel, and the name of the person designated by the Chief Judge of the Court of Appeals to preside at the appeal conference.
(Res. 84 A 03, 2/14/1984)
[1]
Note: The sections of the Code providing for appeal conferences are intended to provide a less formal setting for dispute resolution, limit the issues to be briefed, and allow parties representing themselves to meet with a judge and ask questions about the appellate process.
Parties must be prepared to consider settlement (in the case of civil appeals), limitation of the issues to be presented for review, and other matters which may promote the prompt and fair disposition of the appeal. If agreement to these matters is reached, the judge conducting the conference shall enter an order consistent with the agreement which shall be binding on the parties during the review process.
(Res. 84 A 03, 2/14/1984)
Within twenty (20) days after a notice of appeal is filed or after acceptance of review, the party making the appeal shall obtain a copy of the trial record from the Court Clerk and shall file it with the Court of Appeals. The record shall contain the original papers and exhibits filed in the Community Court, a written transcript of the proceedings, if any, three (3) copies of the tape recording of the proceedings and a copy of the docket entries prepared by the Court Clerk.
(Res. 84 A 03, 2/14/1984)
The party making the appeal shall pay the costs incurred by the Community Court in preparing and transmitting the record. The Clerk of the Community Court shall submit a bill of costs to the party making the appeal for payment. The costs of preparing and transmitting the record may be waived by the Community Court upon a showing of indigence or other reason indicating substantial injustice.
(Res. 84 A 03, 2/14/1984)
If a record of the proceedings is not available, the party seeking review may prepare a statement of the proceedings using the best available means, including his recollections. The statement shall be served on the respondent who may file objections or amendments within ten (10) days after service. Settlement and approval of the statement shall be made by the Community Court.
(Res. 84 A 03, 2/14/1984)
Within thirty (30) days of filing a notice of appeal or acceptance of review by permission, the party making the appeal shall file with the Court of Appeals a written brief, memorandum or statement in support of his appeal and serve a copy on all parties. The Court of Appeals may allow a longer time for filing briefs, in its discretion. The respondent shall have thirty (30) days after service of appellant’s brief in which to file a reply brief, memorandum or statement and shall serve a copy on each party. A response shall be allowed a party on leave of court. All briefs shall be accompanied by an affidavit of service on opposing parties.
(Res. 84 A 03, 2/14/1984)
The brief of the party making the appeal should be typed and organized as follows:
(a) 
Cover page. The front cover page shall state the name of the court and the number of the case, the title of the document (e.g. Brief for Appellant) and the names and addresses of counsel, if any, and the name and address of the appellant.
(b) 
Tables. A table of contents, with page references, and a table of cases cited in the brief, a list of other authorities relied upon with references to the pages of the brief where used.
(c) 
Assignments of Error. A separate concise statement of each error a party contends was made by the trial court, together with the issues pertaining to the assignments of error.
(d) 
Statements of the Case. A fair statement of the facts and procedure of the trial which are relevant to the issues presented for review, without argument.
(e) 
Argument. The argument in support of the issues presented for review, together with citations to legal authority and references to relevant parts of the record.
(f) 
Conclusions. A short conclusion precisely stating the relief sought.
(Res. 84 A 03, 2/14/1984)
The respondent’s brief should conform to the format set forth in 7.07.08 and should answer the appellant’s brief.
(Res. 84 A 03, 2/14/1984)
An amicus curiae brief may be filed by a person or Tribe interested in the case by leave of the Court of Appeals. Time for filing shall be set by the court. A party may file a brief in reply of the amicus curiae brief.
(Res. 84 A 03, 2/14/1984)
The clerk shall advise all parties of the time and place at which oral argument shall be heard. Each side is allowed thirty (30) minutes for oral argument. Additional time may be granted by the Court where it is deemed necessary. Amicus curiae may present oral argument by leave of court.
(Res. 84 A 03, 2/14/1984)