Helpful tips

How do you write a standard of review for an appellate brief?

How do you write a standard of review for an appellate brief?

A helpful formula for writing that pesky standard of review…

  1. First Sentence. Because a statement of the standard of review often appears early in an appellate brief, put the issue in context first.
  2. Second Sentence.
  3. Citation.
  4. Provide a citation to mandatory authority.
  5. Last Sentence.
  6. Citation.

How do you refer to a party in an appellate brief?

In briefs and at oral argument, counsel should minimize use of the terms “appellant” and “appellee.” To make briefs clear, counsel should use the parties’ actual names or the designations used in the lower court or agency proceeding, or such descriptive terms as “the employee,” “the injured person,” “the taxpayer,” “ …

When do I need to file an appellate brief?

This is a recent requirement that assists the clerks of court, who now have to scan paper briefs into the computer. The initial brief is the first brief. It is filed by the appellant who filed the appeal. The appellant’s initial brief is due within 70 days after filing the notice of appeal.

How to write a good Court of Appeals brief?

A brief writer also must study the “local rules” of the court to which the appeal is being taken. Each court of appeals has authority to supplement or modify the FRAP; idiosyncratic rules abound, setting traps for unwary advocates.

Which is the winning appellate brief in this case?

(Appellate briefs are public record documents. No confidences are violated by their publication.) Court of Appeal reversed summary judgment in case involving an easement dispute. Click here to download John Derrick’s winning brief. Click here to download the Court of Appeal’s opinion.

How to write an appeal letter for a raise?

Below is a sample appeal letter that follows the format above. It is for an employee who has been denied a raise. Use this sample to help you write your appeal letter. Be sure to revise the sample to fit your particular situation. I hope you are doing well.

How long does it take to file an appeal brief?

It is filed by the appellant who filed the appeal. The appellant’s initial brief is due within 70 days after filing the notice of appeal. An appellant who needs extra time to file the initial brief should file a motion for an extension of time in the appellate court before the deadline for the brief.

How to write a good appellate brief [ PDF ]?

One rules-related question comes up more than any other: When a case is complicated and adequate briefing will push up against the page limits, how, within the rules, can you squeeze the text you need into the allotted number of pages? Almost all appellate courts specify in their rules the maximum number of pages and the minimum size of margins.

What should the table of contents in an appeal brief look like?

The table of contents lists the sections and issue headings in the brief, with the corresponding page numbers of where in the brief those sections and headings are. For example, a table of contents for an initial brief might look something like this in an appeal of a final judgment entered after a jury trial:

When is the appellant’s opening brief due in Superior Court?

The appellant’s opening brief is mandatory: For cases in the appellate division of the superior court (limited civil cases), the appellant’s opening brief is due within 30 days after the record on appeal is filed in the appellate division.