Step 4: Opening brief

The cover provides basic information about the case and the parties involved. It should include:

• The title of the brief (Appellant’s Opening Brief)
• The case title, trial court number, and Court of Appeal case number
• The names of the trial court and the trial court judge
• The appellant’s contact information (name, mailing address, phone number, fax number, email)
• The appellant's lawyer's name and California State Bar number (if applicable)

If the brief is filed on paper, the cover must be green. This rule does not apply to electronically filed briefs. (See CRC 8.40(c) and 8.204(b)(10) for full cover page rules.)

This form comes immediately after the cover in civil appeals. It identifies any entities or people with an interest in the outcome of the case, such as businesses or organizations. This is not required for family, juvenile, guardianship, or conservatorship cases.

The Table of Contents lists all the sections of the brief in the order they appear, along with page numbers. It helps the Court of Appeal quickly find information and provides an overview of the case.

This section lists all the legal authorities (such as case law, statutes, or regulations) cited in the brief. These legal authorities support the appellant’s argument challenging the trial court’s decision. Each legal authority listed must include the page number or numbers where it appears in the brief. The Table of Authorities is created after the brief is written, once the page numbers are finalized.

The Statement of the Case summarizes the procedural facts—the steps that took place in court. These facts are listed in chronological order, from the filing of the complaint to the final judgment. Each fact must include:

• The date the event occurred
• A reference to the record on appeal, with the page number where the fact is documented

Procedural facts include:

• When the complaint was filed
• Who sued whom and for what
• Any rulings on motions or hearings related to the issues the appellant wants the Court of Appeal to review
• Any orders related to the issues on appeal
• The judgment entered
• Damages awarded

The Statement of Appealability is usually just one sentence. In this sentence, the appellant tells the court why they believe the case can be appealed. There are three main reasons for this:

1. There is a judgment or order that ends the case.
2. There is an order that usually comes after a judgment or a hearing in a family law or probate case.
3. There is a nonfinal judgment.

The appellant must also mention the law that allows them to appeal.

The Statement of Facts shares important background information about what happened before the case started. Every fact mentioned must have a source and page number showing where it can be found in the court records.

The Statement of Facts should only include important facts that relate to the legal issues the appellant is talking about in the appeal. Also, it can only include facts or evidence that were presented in the trial court.

The argument is the most important part of the opening brief. Here, the appellant points out any mistakes the trial court made. They explain how these mistakes caused harm or “prejudice,” which is why there should be a new trial or a change in the judgment.

In the argument, the appellant must do several things:

1. Present the legal issues: Each issue should have its own heading that summarizes it in a few words. The appellant should also identify the standard of review for each issue. 
2. Discuss the standard of review: This is the set of guidelines that the Court of Appeal uses to decide if the trial court was wrong. Each legal issue must include this standard of review. Different legal issues have different rules, so the appellant needs to research the correct standard of review for each issue
3. Include legal authorities: The appellant must support their argument with references to legal authorities that show why the trial court was wrong. These can be court decisions, laws, court rules, legal books, constitutional rules, or other legal documents. The appellant needs to explain how these legal authorities relate to the facts of their case.

In the conclusion, the appellant tells the court what they want. For example, they might ask for the order or judgment to be reversed, or for a new trial to be granted. No new arguments or points should be introduced in this section.

• There are rules about how long a brief can be. Each brief must have a Certificate of Compliance, which says it follows the court's length rules:

• Briefs typed on a typewriter can be no longer than 50 pages.
• Briefs prepared on a computer can be no longer than 14,000 words.

The word count includes footnotes but does not include the cover page, the Certificate of Interested Entities or Persons, the Tables of Contents and Authorities, the Certificate of Compliance, signature blocks, proof of service forms, or attachments.

The appellant can attach up to 10 pages of documents to the end of the brief. These can include copies of evidence, records from the trial, or important laws that are not easy to find.

If the appellant needs to write more than 14,000 words, they can ask the Court of Appeal for permission by filing an “Application to File an Oversized Brief.” There is no special form for this, so they need to write it out. They must show “good cause,” which means a good reason, for why they need to write more. The court may or may not approve this request.

Read California Rules of Court 8.204(c) for more information about length limitations for briefs.

Always check with your Court of Appeal for specific rules about service in your case.

Typically, you must serve a copy of the opening brief to everyone involved in the case, the trial court judge, and the Supreme Court of California before filing it with the Court of Appeal. If the other party has a lawyer, you send the brief to the lawyer. If they don’t have a lawyer, you send it directly to them.

There are rules about who can serve a brief and how it can be done. (See Code of Civil Procedure sections 1010.6-1013a.)

The appellant must prove to the Court of Appeal that all required copies were served. It’s recommended to use court forms APP-009 (for mail or in-person service) or APP-009E (for electronic service) to provide proof. These forms show who served the brief, who got the brief, how it was served, and when. 

Proof of service forms are always placed at the end of the opening brief, after the Certificate of Compliance.