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What is included in an appellate brief?

The brief or memorandum establishes the legal argument for the party, explaining why the reviewing court should affirm or reverse the lower court's judgment based on legal precedent and citations to the controlling cases or statutory law.

How do you write an appellate brief example?

Writing an Outstanding Appellate Brief Frame the issue to maximize the persuasiveness of your argument. ... Simplify the issue and argument. ... Have an outstanding introduction. ... Tell a story. ... Don't argue the facts (unless absolutely necessary) ... Know the standard of review. ... Be honest and acknowledge unfavorable law and facts.

What is a statement of fact example?

For example, if you are representing a party injured in a car accident, your legal theory might be that the other driver was negligent, but your theory of the case might be that \u201che was in a rush.\u201d In your Statement of Facts, you highlight facts that support your Theory of the Case\u2014the driver was speeding, late for an ...

What makes a good appellate brief?

Draft a powerful opening sentence that explains why you should prevail. Tell the court exactly what you want (i.e., the remedy you seek) Briefly present the most persuasive facts and legal authority that support your position. Include a theme that connects all of your arguments.

How do you write a cover page for an appellate brief?

To insert your cover page into your main document: Go to the top of your main document. Delete the words "Cover Page" (the words were typed in originally to serve as a marker) Leave the cursor where the capital C was. Highlight and paste your Cover Page into your main document.

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How many pages should an appellate brief be?

Such a brief must include a certificate by appellate counsel or an unrepresented party stating the number of words in the brief. The person certifying may rely on the word count of the computer program used to prepare the brief. (2) Except as provided in (5), a brief produced on a typewriter must not exceed 50 pages.

What is the maximum page length of a reply brief?

A principal brief may not exceed 30 pages, or a reply brief 15 pages, unless it complies with Rule 32(a)(7)(B).

How long is a appellate brief?

California's word limit for appellate briefs in civil cases is 14,000 words. Cal. R.

How do you write a summary of facts?

Writing a Statement of Facts Tell a story. ... Don't be argumentative. ... You can \u2013 and should \u2013 still advocate. ... Acknowledge unfavorable facts. ... Eliminate irrelevant facts. ... Describe the record accurately. ... You can include law in the facts if it's appropriate. ... It's not just what you say, but how you say it.

How many pages should a brief be?

Keep It Brief A briefing document should be no longer than two pages. It should get directly to the matter of the issue and provide a thorough overview without being lengthy.

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What is included in an appellate brief?

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