Step 4: Prepare and file briefs
Step 4: Prepare and file briefs
What is a brief?
A brief is the most important part of an appeal. It’s where you explain in writing your side of the case and why the court should rule in your favor.
Purpose of a brief
The main purpose of a brief is to explain the facts and the law clearly, simply, and persuasively.
What's in a brief?
A written brief usually includes:
- A statement of the facts.
- The legal issues in the case
- Arguments that support your side
- Legal cases and rules that apply
- A conclusion and a request for what you want the court to do
Choose a type of brief to learn more:
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Opening brief
In the opening brief, the appellant argues that the trial court made a legal mistake, explains how that mistake affected the decision, and suggests how the judgment could be corrected or reversed.
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Respondent's brief
The respondent's brief argues that the trial court's decision was correct.
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Reply brief
The appellant’s reply brief is the final brief in the appeal process. Filing a reply brief is optional.