Idaho Appellate Brief Word Limits & the Certificate of Compliance
Idaho's appellate rules impose word limits on briefs, replacing the old page-count approach. Exceed the limit and your brief can be rejected or stricken. Here are the numbers every Idaho appellate practitioner needs to know.
The limits by brief type
- Appellant's Opening Brief — 14,000 words
- Respondent's Brief — 14,000 words
- Respondent's Brief on Cross-Appeal — 14,000 words
- Appellant's Reply Brief — 7,000 words
- Petition for Review — 5,000 words
For context, 14,000 words is roughly 50 pages of double-spaced, 12-point text — most well-edited briefs come in far under the ceiling, and judges consistently say the shorter brief is the better brief.
What counts toward the word limit
The count covers the substantive portions of the brief: the statement of the case, issues presented, argument, and conclusion — including headings, footnotes, and quotations within those sections. The caption, Tables of Contents and Authorities, signature blocks, and certificates are excluded.
The Certificate of Compliance
Your brief must include a Certificate of Compliance certifying that it stays within the applicable limit and stating the actual word count produced by your word-processing software. Under the current Idaho practice the certificate is placed immediately before the signature block, with the Certificate of Service remaining at the end of the brief.
The most common failure mode: editing the brief after generating the certificate, so the certified count no longer matches the document. Courts do check.
Practical tips for staying under the limit
- Cut string cites — one strong authority beats four weak ones.
- Move procedural detail the court doesn't need out of the Statement of the Case.
- Replace "in order to" with "to," "the fact that" with "that" — the classic legal-writing trims add up.
- Track your count continuously rather than discovering an overage the night before filing.
Automatic counting and certification
Idaho Brief Formatter tracks your word count live against the correct limit for your selected brief type, warns you as you approach it, and regenerates the Certificate of Compliance with the exact count every time you save an edit — so the certificate always matches the brief you actually file.