28-2.4 Bail/Detention Status. (a) The opening brief in a criminal appeal shall contain a statement as to the bail status of the defendant. If the defendant is in custody, the projected release date should be included. (b) The opening brief in a petition for review of a decision of the Board of Immigration Appeals shall state whether petitioner (1) is detained in the custody of the Department of Homeland Security and/or (2) has moved the Board of Immigration Appeals to reopen or applied to the district director for an adjustment of status. (New 1-1-05) 28-2.5 Reviewability and Standard of Review. As to each issue, appellant shall state where in the record on appeal the issue was raised and ruled on and identify the applicable standard of review. In addition, if a ruling complained of on appeal is one to which a party must have objected at trial to preserve a right of review, e.g., a failure to admit or exclude evidence or the giving or refusal to give a jury instruction, the party shall state where in the record on appeal the objection and ruling are set forth. 28-2.6 Statement of Related Cases. Each party shall identify in a statement on the last page of its initial brief any known related case pending in this court. As to each such case, the statement shall include the name and Court of Appeals docket number of the related case and describe its relationship to the case being briefed. Cases are deemed related if they: (a) arise out of the same or consolidated cases in the district court or agency; (b) are cases previously heard in this Court which concern the case being briefed; (c) raise the same or closely related issues; or (d) involve the same transaction or event. If no other cases in this Court are deemed related, a statement shall be made to that effect. The appellee need not include any case identified as related in the appellant’s brief. 28-2.7 Addendum to Briefs. If determination of the issues presented requires the study of statutes, regulations or rules, relevant parts thereof shall be reproduced in an addendum at the end of a party’s brief. The addendum shall be separated from the brief by a distinctively colored page. 28-2.8 Record References. Every assertion in briefs regarding matters in the record shall be supported by a reference to the location, if any, in the excerpts of record where the matter is to be found. (Rev. 7/1/98) 28-2.9 Bankruptcy Appeals. If the appeal arises out of the bankruptcy court, the name, address and court of the bankruptcy judge initially ruling on the matter shall be furnished to the clerk of this court by the appellant with the opening brief. CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 28-2 Sanctions may be imposed for failure to comply with this rule, particularly with respect to record references. See Mitchel v. General Elec. Co., 689 F.2d 877 (9th Cir. 1982). CIRCUIT RULE 28-3 LENGTH OF BRIEFS; MOTIONS TO EXCEED PAGE LIMITS [Abrogated 1/96] (See FRAP 32(a)(7) and Circuit Rule 32-2, Form of a Brief) CIRCUIT RULE 28-4 EXTENSIONS OF TIME AND ENLARGEMENTS OF SIZE FOR CONSOLIDATED AND JOINT BRIEFING In a case or consolidated cases involving multiple separately represented appellants or appellees, all parties on a side are encouraged to join in a single brief to the greatest extent practicable. As set forth below, the court will grant a reasonable extension of time and enlargement of size for filing such a joint brief or for filing a brief responding to a joint brief or to multiple briefs. Notice Procedure: If no previous extension of the filing deadline or enlargement of brief size has been obtained and the case has not been expedited, the court will grant a 21-day extension of time and an enlargement of five (5) pages, 1,400 words or 130 lines of monospaced text for a joint brief upon the filing of the notice at Appendix of Forms, No. 7 to these rules. (Rev. 7/1/2000) If no previous extension of the filing deadline or enlargement of brief size has been obtained and the case has not been expedited, the court will grant a 21-day extension of time and an enlargement of five (5) pages, 1,400 words or 130 lines of monospaced text to a party filing a single response to a joint brief or multiple briefs upon the filing of the notice at Appendix of Forms, No. 7. Upon receipt of such a notice, a corresponding adjustment to the responsive brief’s due date will be recorded on the docket. (Rev. 7/1/2000) All notices described in this rule must be filed at least 7 days prior to the brief’s due date and signed by counsel for all parties on that side. If the parties on a side have different due dates for their briefs, the notice must be filed at least 7 days before the earliest due date. If the parties on a side have different due dates for their briefs, the extended due date shall be calculated from the latest due date. Motion Procedure: If parties filing a joint brief or responding to multiple briefs or joint briefs wish to obtain a lengthier extension of time or greater enlargement of brief size than described above, or if the case has been previously expedited, the extension or enlargement request must be made by written motion. Motions for extensions of time must be filed at least seven (7) calendar days prior to the brief’s due date; joint motions for extentions of time and/or to enlarge brief size must be signed by all counsel filing the motion. If the parties on a side have different due dates for their briefs, the motion must be filed at least seven (7) calendar days prior to the earliest due date. (Rev. 12/01/2002) The previous grant of an extension of time under Circuit Rule 31-2.2(a) precludes a request for relief under this rule absent a showing of extraordinary and compelling circumstances. (Rev. 7/97) Cross Reference: Circuit Rule 31-2.2, 32, and 33. CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 28-4 Rule 28-4 encourages separately represented parties to file a joint brief to avoid burdening the court with repetitive presentations of common facts and issues. Such joint briefing may require additional time and size. Accordingly, upon written notice, the court will grant a 21-day extension of time for filing a joint brief or a brief responding to multiple briefs. Similarly, upon written notice, the court will grant five (5) additional, double-spaced pages, 1,400 additional words, or 130 lines of monospaced text for filing a joint brief or a brief responding to a joint brief or to multiple briefs. A further enlargement of time or size may be granted upon written motion supported by a showing of good cause. (Rev. 7/1/2000) In exceptionally complex, multi-party criminal cases, the parties may request a case conference before the appellate commissioner. See Circuit Advisory Committee Note to Rule 33-1, Section B. (Eff. 7/1/97) CIRCUIT RULE 28-5 MULTIPLE REPLY BRIEFS If multiple answering briefs or multiple combined answering and reply cross appeal briefs are filed, an appellant or group of jointly represented appellants is limited to filing a single brief in response to the multiple briefs. In the absence of a specifically scheduled due date for the reply brief, the due date for a brief that replies to multiple answering or cross-appeal briefs is calculated from the service date of the last-served answering brief. (Rev. 1/99) CIRCUIT RULE 28-6 CITATION OF SUPPLEMENTAL AUTHORITIES The body of letters filed pursuant to Federal Rule of Appellate Procedure 28(j) shall not exceed two (2) pages, unless it complies with the alternative length limitations of 350 words or 39 lines of text. Litigants shall submit an original and four (4) copies of a Fed. R. App. P. 28(j) letter. (New 12-1-02) CIRCUIT RULE 29-1 REPLY BRIEF OF AN AMICUS CURIAE No reply brief of an amicus curiae will be received. CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 29-1 The filing of multiple amici curiae briefs raising the same points in support of one party is disfavored. Prospective amici are encouraged to file a joint brief. Movants are reminded that the court will review the amicus curiae brief in conjunction with the briefs submitted by the parties, so that amici briefs should not repeat arguments or factual statements made by the parties. Amici who wish to join in the arguments or factual statements of a party or other amici are encouraged to file and serve on all parties a short letter so stating in lieu of a brief. The letter shall be provided in an original and three copies. (Rev. 7/94) CIRCUIT RULE 30-1 THE EXCERPTS OF RECORD

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