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I am preparing a brief for an appeal to a summary judgment

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I am preparing a brief for an appeal to a summary judgment in a Libel Case in Nebraska that was granted against me. During the hearing for the summary judgment, several documents, hundred's of pages in lenght were entered into evidence, including affadavits, the entire transcript of a previous hearing on the matter, emails, work-tickets, etc. These will be in the bill of excecptions. There is a 50 page limit to briefs. My question is do items included in the bill of execptions count in the 50 page limit? If so do I need to limit what I want included in the bill of exceptions to keep the page limit under 50? Court rules state:

(5) Briefs may not exceed the following page lengths: original submission (combined total of appellant's brief, reply brief, and answer brief to cross‑appeal, or combined total of appellee's brief, brief on cross‑appeal, and reply brief to answer brief on cross‑appeal), 50 pages; motions for rehearing and amicus curiae, 15 pages. These page limitations are exclusive of the cover; the table of contents, the table of cases, statutes, and authorities; and the certificate of mailing, but inclusive of all other pages and materials, including appendixes, indices, exhibits, and other documents of any nature, character, kind, or description whatsoever.

Hello and thanks for submitting this interesting question. A bill of exceptions is prepared by the clerk of the trial court. It is part of the trial transcript and it is filed separately from the brief. The brief would refer to the BofE for the errors appealed from. See: Rule 2-105 (B) http://www.supremecourt.ne.gov/supreme-court-rules/1721/%C2%A7-2-105-bill-exceptions-making-preserving-transcribing-and-delivery-record

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Customer: replied 3 years ago.


Well for clarification, does refering to something in brief that is contained in the bill of exceptions count in the 50 pages?

No. Definitely not. You are required to refer to issues/items from the BofE in your brief so the judges can see what you base your claim of error upon. Such references have no bearing on the number of pages in the brief itself. I hope this Answer is helpful and that you will give it a positive rating. If you have any follow up questions please send back a Reply. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.

Customer: replied 3 years ago.


Great news. but when they are referring to all other pages and materials, including appendixes, indices, exhibits, and other documents of any nature, character, kind, or description whatsoever.


 


What the hell are they talking about, suff that was not in the Bill of Exceptions that you would like to introduce to the appel court?

It means that your argument for reversal or affirmation based on the law must fit into 50 pages. The transcript of testimony and/or the bill of exceptions as NB calls it can be thousands of pages. They are entirely separate from the briefs of the parties. You can go to the court of appeals and ask the clerk to show you some briefs and BofEs/Transcripts that have been filed in other cases and you'll see how it's done.
In any event, a party cannot put exhibits or insert evidence that was not introduced at trial in their brief. I believe that I have now fully answered your question.
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