Step 4: Reply brief
The appellant’s reply brief is the final brief in the appeal process. Filing a reply brief is optional.
The appellant’s only job in the reply brief is to respond to the legal arguments in the respondent’s brief. If the appellant believes there are no legal issues in the respondent’s brief that need to be addressed, they do not have to file a reply brief.
The appellant cannot introduce new issues or repeat arguments from the opening brief in the reply brief.
Timeline of an appellant’s reply brief
The appellant must file their reply brief and proof of service with the Court of Appeal within 20 days after the respondent’s brief is filed.
The appellant must also serve a copy of the reply brief to all parties in the case, the trial court judge, and the Supreme Court of California before filing the original reply brief with the Court of Appeal.
- If the respondent does not file a respondent’s brief, the court won’t accept an appellant’s reply brief because there is nothing to reply to.
- There is no automatic notification from the court about the deadline for filing a reply brief.
- When a party misses a deadline to file papers or pay a fee, there is no default period that allows an appellant’s reply brief to be filed late.
If the appellant needs more time to file their reply brief, they must file a stipulation to extend time or an application for an extension of time before the deadline. In this application, the appellant should explain to the Court of Appeal why they need extra time.
If the appellant misses the deadline to file a reply brief, they can ask the Court of Appeal for permission to file a late brief. They should attach a copy of the reply brief they want to file to this request. The court may or may not allow the late brief.
If the Court of Appeal returns the reply brief for corrections, they might give the appellant extra time to fix it and file it again if it is submitted before the deadline.
Cost of filing an appellant’s reply brief
There is no additional cost to file an appellant’s reply brief.
Preparing an appellant’s reply brief
The reply brief is the second and final brief written by the appellant. It is very different from the appellant’s opening brief. The reply brief has a limited purpose and therefore has fewer sections. This means it usually takes less time to research and write the reply brief compared to the opening brief.
Before writing the reply brief, the appellant should carefully review the legal arguments and legal authorities in the respondent’s brief. The appellant must:
- Decide which legal issues (if any) in the respondent’s brief need to be addressed.
- Focus on those issues when researching and writing the reply brief.
The argument is the most important part of the appellant’s reply brief. The appellant should spend the most time making a convincing legal argument in response to the specific legal issues they identified in the respondent’s brief.
Outline of an appellant's reply brief
Here is an overview of each section in the appellant’s reply brief, along with what it includes. All sections are required. A sample outline of a reply brief can be found in Sample Form K.
The cover of an appellant’s reply brief must include the following basic information:
- The title of the brief: Appellant’s Reply Brief
- The case title, trial court case number, and Court of Appeal case number
- The name of the trial court and the name of the trial court judge(s)
- The appellant’s name, mailing address, telephone number, fax number (if available), and email address (if available)
- If the appellant has a lawyer, include the name and California State Bar number of each attorney assisting with the brief
If the appellant’s reply brief is filed on paper, the cover must be tan. This color rule does not apply to electronically filed briefs. For more details, see the full rules for a cover page in CRC 8.40(a)(1) and 8.40(b) and 8.204(b)(10).
The Table of Contents is a list of all the sections in the brief. Each section title or heading is listed in order with their corresponding page numbers.
The Table of Contents helps the Court of Appeal find information quickly. A justice should be able to get a clear overview of the appellant’s arguments by reading this section.
The Table of Authorities is a list of all the legal authorities discussed in the reply brief. Legal authorities are examples from the law that support a legal argument.
The Table of Authorities is created after the brief is finished, and all page numbers are final. Each legal authority must include all the page numbers where it can be found in the brief.
The argument is the most important part of the appellant’s reply brief. There are strict rules about what the appellant can write about in this section.
What to include
In the argument, the appellant can do the following:
- Address legal issues and arguments raised in the respondent’s brief.
- Show how the respondent did not successfully counter the legal issues raised in the appellant’s opening brief.
- Address new legal authorities included in the respondent’s brief.
- Provide new legal authorities to prove that the respondent’s legal arguments or authorities are incorrect.
What the appellant cannot do
In the argument, the appellant cannot:
- Raise new legal issues.
- Repeat arguments made in the opening brief.
The Court of Appeal will ignore any new legal issues or repeated arguments found in the appellant’s reply brief.
How to organize the argument
It’s best to start with an introduction. This should be a short summary of the reply argument.
Next, the appellant should reply to specific legal issues in the respondent’s brief. The appellant does not have to address all of the respondent’s legal arguments but should focus on those related to their argument for appeal.
The appellant’s reply argument should:
- Address the respondent’s issues or arguments one at a time, in the order they appear in the respondent’s brief.
- Create a short title or heading for each issue or argument that summarizes the appellant’s point.
- Include a statement of law for each issue or argument to show why the respondent is incorrect.
Remember, the appellant should not introduce new legal issues or repeat legal arguments already discussed in the opening brief.
Referencing the record on appeal
All briefs must follow the same rules about referencing the record on appeal:
- A brief can only discuss information that is in the record on appeal.
- For every event or fact about the case included in the brief, the appellant must provide the exact location and page number where the court can find it in the record on appeal.
The conclusion is usually one paragraph where the appellant:
- Briefly summarizes the reply argument.
- Tells the Court of Appeal what relief they are asking for. This means stating what the appellant wants the court to do. For example, the appellant might ask the Court of Appeal to reverse a judgment or grant a request for a new trial.
No new arguments or issues should be introduced in the conclusion.
There are rules about how long a brief can be. Each brief must include a Certificate of Compliance stating that it meets the court's length requirements.
- Briefs prepared on a typewriter cannot exceed 50 pages.
- Briefs prepared on a computer cannot be longer than 14,000 words. The word count includes footnotes but does not include the cover, Tables of Contents, Table of Authorities, signature blocks, proof of service forms, or any attachments.
The appellant can attach a maximum of 10 pages of documents or exhibits to the end of the brief.
If needed, an appellant can ask the Court of Appeal for permission to file a longer brief. To do this, the appellant must file an “Application to File an Oversized Brief” with the Court of Appeal and serve a copy of the application to all other parties in the case. There is no specific court form for this application, so the appellant needs to create their own.
The appellant must provide “good cause,” which means a good reason, for wanting to file an oversized brief. The court may or may not approve the request.
For more information, read California Rules of Court 8.204(c) to learn about the length limitations for briefs.
Always check with your Court of Appeal to confirm the specific service requirements for your case.
Generally, you must serve a copy of the appellant’s reply brief to all parties involved in the case, to the trial court judge, and to the Supreme Court of California before you can file it with the Court of Appeal.
- If the other party has a lawyer, serve the brief to the lawyer.
- If the other party does not have a lawyer, serve it directly to them.
There are rules about who can serve a brief and how it can be served.
The appellant must provide the Court of Appeal with written proof that all required copies were delivered. Appellants are encouraged to use court form APP-009 (for delivery by mail or in person) or APP-009E (for electronic delivery) to show proof of service. This form includes details about who served the brief, who received it, how it was served, and the date it was served.
The appellant must file one proof of service form for each brief that is delivered.
Proof of service forms are included at the end of the appellant’s reply brief, after the Certificate of Compliance.
Filing the appellant’s reply brief with the Court of Appeal
There are two ways to file a brief:
- Electronically (e-file) using a computer.
- On paper at the Court of Appeal.
Always check with your specific Court of Appeal to confirm their filing requirements and what copies you need to submit.
- The Court of Appeal requires lawyers and those who have a lawyer to file electronically.
- If the appellant doesn’t have a lawyer, they can choose to file either electronically or on paper.
If filing electronically, there is no need to submit paper copies.
If filing on paper, you must provide the Court of Appeal with the original brief and proof of service. Some courts may also require the appellant to file extra copies of the brief.
The appellant should keep one copy of the brief. It’s a good idea to bring or mail an extra copy to the court clerk. The appellant can ask the clerk to stamp “filed” on the extra copy. This stamp will serve as proof that the original was filed.
Appeals
What's next?
Once all the briefs are filed and the Court of Appeal has had time to review them, the court will contact the parties to ask if they want to participate in oral argument.
All parties who file a brief that the Court of Appeal accepts will have the opportunity to make an oral argument. This is a chance for the parties to speak to the justices in person, explain the arguments in their briefs, and answer any questions the justices may have.