what do you put in an addendum to an appellate brief

Introduction

In well-nigh appeals, an initial brief, an answer brief, and a respond brief volition be filed, in that gild.  The appellant, who filed the notice of appeal, will file the initial brief beginning.  So the other party, the appellee, will respond with an answer brief.  Finally, the appellant can respond to the answer brief by filing a answer cursory.  In the example of extraordinary writs, a petition is filed as the cursory. Extraordinary writ petitions are discussed in Chapter 10 of this Handbook.

Before writing an appellate brief, a party should review the appellate record to understand the history and facts of the case, research the constabulary, and decide what arguments to make and bug to enhance. The appellant will want to debate why the lower tribunal'due south decision or judgment should be reversed (why the lower court "erred").  And the appellee will want to argue why the decision was right and should be upheld, or "affirmed."

Again, the initial cursory is filed first by the appellant.  The appellee does not file an answer brief until after the initial brief, considering the answer brief will answer to the arguments in the initial brief.  The reply brief is then filed by the appellant after, and in response to, the respond cursory.  Both the initial cursory and the respond brief will contain a section chosen the statement of the case and facts.  In this section, the briefs discuss the history and facts of the case. There must be no argument in the facts section.  The initial and answer briefs volition likewise comprise statement sections.  There will be a summary of the argument section, which is a short preview of the argument, and too a separate and longer argument section where the party will fully discuss all points on appeal.  Initial and answer briefs should besides state the standard of review.  The respond brief volition only need an argument department, since information technology only responds to the answer brief (and cannot add together any new arguments).  All appellate briefs should contain citations to the appellate record for any facts discussed, whether in the facts section or the argument.  All briefs should too contain citations to legal authority (statutes and case law) in the statement section.

As mentioned in a higher place, before a party writes an appellate brief, he or she should consider and study several things.  For example, the party writing the appellate brief reads the record on appeal prepared past the clerk of the lower tribunal that entered the order or judgment appealed.  This record will include the important pleadings filed in the case and should as well include transcripts of whatsoever important hearings that were held that relate to the bug raised in the appeal.

The party writing the appellate brief likewise researches what law applies to the political party's example and to the bug raised in the appeal.  This may include statutes, case police, rules, or other sources of law. The party writing the appellate brief goes to a police library or does legal research on the reckoner to look for cases or statutes, preferably ones from the Country of Florida, that support his or her statement.  Then the political party writing the appellate brief gathers together any statutes and instance law that support the argument he or she is going to brand in the appellate brief.  This is because the Florida Rules of Appellate Procedure require the appellate political party to specifically refer, or "cite," to those cases or statutes in the appellate brief to back up his or her statement.  Citations to legal regime in the brief should follow the format for citations found in Florida Rule of Appellate Procedure 9.800.

Formatting for All Briefs

Florida Rule of Appellate Procedure nine.210 requires that all briefs take a specific format.  Briefs must generally exist printed or typed on opaque, white, unglossed paper. The paper size should be eight.5 past xi inches.  The paper should take margins of at least 1 inch on all sides.  The lettering should be black.  If a brief is typed on a computer, it must exist double-spaced and use Times New Roman 14-point font, or Courier New 12-signal font.  Any headings or footnotes must be the same font and size as the rest of the brief.  Although typed briefs must exist double spaced, headings, indented quotations, and footnotes can exist single spaced.

The brief should accept a embrace sail stating: the proper name of the appellate court; the case number the appellate court has assigned to the case, or a space to enter that number if it is a new case that does non have a number; the name or "style" of the case (i.eastward., John Smith v. Jane Doe); the name of the lower tribunal that entered the order or opinion on entreatment; the proper name of the brief (i.e., initial brief of appellant John Doe); and the proper name and address of the person filing the brief.

Briefs filed in newspaper format should not be stapled or jump (except past newspaper prune or rubber band).  This is a recent requirement that assists the clerks of court, who now have to scan paper briefs into the calculator.

Contents of the Initial Brief and Answer Brief

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.  An appellant who needs actress time to file the initial brief should file a motion for an extension of time in the appellate court before the borderline for the brief.  Motion exercise is discussed in Chapter 4 of this Handbook.  The initial cursory should set up out the facts and history of the instance in the statement of instance and facts section.  It should also present legal arguments explaining each reason the appellant believes the decision of the lower tribunal was incorrect (i.e., erroneous) and why it should be reversed.  The initial brief cannot be longer than 50 pages, not counting the pages used for the Table of Contents, Table of Citations, Document of Service, Certificate of Font Compliance and the signature block for the cursory's author. A party can ask the court for permission to file brief longer than 50 pages, but such motions are rarely granted.  And briefs are commonly much shorter, often 20 to thirty pages or less.

The answer brief is the next brief.  It is filed by the appellee inside 20 days after the initial brief, over again unless a motion for an extension of time is filed earlier the deadline. The answer brief responds to the arguments in the initial brief.  It will fence why the lower tribunal's determination was correct and should be affirmed. Like the initial cursory, the answer cursory more often than not cannot be longer than 50 pages.  Unlike the initial brief, the answer brief is not required to have a statement of the case and facts section, but it usually should have ane to explain the case from the appellee's perspective. Although the appellee will argue in the answer cursory that the appellant'due south arguments in the initial brief are incorrect, both sides must argue their positions respectfully and without proper noun-calling or insults.

The initial brief and the answer brief volition each take the following sections:

1. Table of Contents
2. Table of Authorities
3. Statement of the Case and Facts
4. Summary of the Statement
5. Standard of Review
6. Argument
7. Determination
8. Document of Service
9. Document of Font Compliance

1. Table of Contents

   The tabular array of contents lists the sections and upshot headings in the brief, with the respective 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 entreatment of a final judgment entered after a jury trial:

   
   Click here to download the contents of this form.

2. Table of Authorities

   The table of authorities (besides called the tabular array of citations) is similar to the table of contents.  Information technology is a list of the legal authorities (cases, statutes, and rules) referred to or "cited" in the brief to support the party'south arguments, forth with all of the page numbers where those authorities were cited in the brief. Cases are listed in alphabetical lodge.  Statutes are listed in numerical order. Legal authorities are cited in the format required by Rule nine.800 of the Florida Rules of Appellate Procedure.

   For example, a table of authorities in an appellate brief might look like this:

   Click hither to download the contents of this form.

3. Statement of the Case and the Facts

   Before writing the brief, the party will have reviewed the record on entreatment that was prepared by the clerk of the trial courtroom (or other lower tribunal) that entered the order or judgment existence appealed. The argument of the case and facts explains to the appellate courtroom, based only on the documents and evidence that are in the tape, what the history and facts of the case are, and what occurred in the lower tribunal. This function of the cursory is for facts only, not argument.

   The appellate political party may not discuss in the brief any fact or circumstance that is not in the appellate record, such every bit events occurring after the lodge or stance on entreatment was entered, or documents or bear witness he or she did not nowadays to or file in the lower tribunal.  In any appellate brief, every sentence containing a fact must be followed past a citation referring to the folio number of the record on entreatment where that fact can be found or supported.  Usually, the appellate party would refer to a page of the record in parentheses or brackets with an "R." followed by the book and page number. Ii common formats for citing the record volume and page numbers are, for example:  (R. Vol. 1, pp. 1-8; R. Vol. 4, p.815), or [RI.1-eight; RIV.815].  If there is a trial transcript in the record that has split up folio numbers, the appellate party may refer to it as "T." followed by the page number.  Citations in the argument of case and facts section of a cursory might look something like this:

   This instance arises from an automobile blow.  [RI.12-18]. Plaintiff, Mr. Roberts, filed a lawsuit against Defendant, Ms. Wynn, alleging she was negligent in causing the accident and that he was injured every bit a result. [RI.12-18].  Defendant denied she was negligent or that the accident caused Plaintiff's alleged injuries.  [RI.34-36; RII.205].

   At trial, Plaintiff's treating physician, Dr. John, testified Plaintiff was injured as a issue of the accident.  [T.235-40, 315-19]. Accused'south proficient, Dr. Smith, testified that Plaintiff was not injured. [T.441-44, 448-52].

   In the statement of the case and the facts section of an appellate cursory, the party writing the brief will discuss:

   1. the blazon of case (ceremonious, criminal, etc.), and nature of the appeal (such equally an appeal from a final judgment or non-last social club, etc.);
   2. the procedural history of the case in the lower tribunal, such every bit what documents, pleadings, or motions were filed and when; what arguments and positions the parties raised the lower tribunal; and what happened in the pre-trial and trial proceedings;,
   3. the evidence that was presented to the lower tribunal at the trial or hearing, such as written documents and/or the testimony of witnesses; and
   4. the outcome of the trial, hearing, or other proceeding.

   The appellate political party drafting the brief includes in this section those facts that specifically relate to the issue he or she is arguing.  For example, an appellant who is only arguing that the trial court erred in excluding sure prove at trial probably would not need to hash out facts regarding jury choice in the cursory.  The statement of the case and the facts is usually presented in chronological order to arrive easier for the appellate court to follow and understand.

4. Summary of the Argument

   This department provides an overview of the arguments made in the appellate brief.  Information technology is much similar a "road map" that previews the arguments.  The summary of the statement is seldom longer than two pages, and is never longer than v pages.  Since the summary of the argument is just a short preview of the arguments, it generally does not need to take citations to the appellate tape or legal authorities.

5. Standard of Review

   While the standard of review does non have to exist in a separate section, it must be included in the brief.  If it is non in a separate department, information technology should be included in the argument section, at the beginning of each consequence. Whether information technology is in a separate department or in the statement, the standard of review should be stated for each point on appeal.  The standard of review is very short, usually but a judgement or two and often no longer than a paragraph.  Information technology tells the appellate court whether the consequence raised on appeal is a question of fact, law, or both.  This is important because the standard of review determines how much weight or "deference" the appellate court will give to, or how strictly it volition question, the lower tribunal's rulings and decision.

   Appellate courts give the greatest deference to a lower tribunal'southward findings of fact and discretionary decisions. Findings of fact are mostly reviewed for "competent substantial evidence," meaning they will usually be upheld if supported by any competent testify in the record.  Discretionary decisions, such as rulings on testify, are reviewed for an "abuse of discretion," significant they will unremarkably be upheld unless the decision was extremely unreasonable.

   Appellate courts review pure legal issues, such as the interpretation of a statute, with the least amount of deference.  This is called the "de novo" standard of review.  Under this standard, appellate courts decide for themselves what the law says and what the decision of law should be, without deferring to the trial court'southward conclusion.

6. Argument

   The argument department explains the party's legal arguments in the appeal and why the decision of the lower tribunal should either be affirmed or reversed. Information technology discusses the relevant statutes and case police, how the constabulary applies to the facts in the instance, and the party'south arguments based on the police force as applied to the facts.  It explains the legal reasons why the order or judgment of the lower tribunal was either correct or incorrect, and what specific result, or "relief," the party wants in the entreatment (i.e., what the party wants the appellate court to do).  For instance, an appellant may inquire the appellate court to reverse the final judgment and return, or "remand," the case to the lower tribunal for a new trial, whereas an appellee may ask the appellate court in the respond cursory to affirm the final judgment.  The argument should exist supported by references to legal cases, statutes, and rules that support that appellate party's statement that the lower tribunal decision was either correct or incorrect.

   The argument is divided into specific legal problems.  The argument section in the brief starts with an result heading for each argument or point on appeal.  In many cases, an appellant might only raise i or two specific issues. In other cases, the appellant might contend more than one or two issues, if he or she believes the lower tribunal fabricated more errors.  Each issue the appellant raises should have a reasonable footing in the facts and in the constabulary. The appellant'southward issue or issues should be clearly and concisely stated.  If the appellant is arguing more than one issue, the appellant usually starts with the strongest point first.  Nether each issue heading, the appellant discusses the case police force, statutes, and rules that bargain with the upshot for that department.

   The appellee's answer brief arguments respond to the argument bug raised in the initial brief.  It ofttimes has the same or similar issue headings as the initial brief, to help the appellate court know which of appellant's initial brief arguments the appellee's answer brief is responding to.  Like the initial brief, the appellee's answer cursory should explicate how the constabulary applies to the facts and present his or her arguments in back up of the effect he or she wants in the appeal (commonly affirmance).  The answer brief arguments should likewise include citations to the legal regime, cases, and statutes the appellee believes supports his or her position and arguments in the appeal.

7. Conclusion.

   In the conclusion, the party tells the court what result or relief he or she wants in the entreatment (i.due east., what the party is request the appellate courtroom to do in the case).  Information technology is usually only a judgement or 2 in length, and should non be longer than one page. For example, the conclusion in appellate brief in an entreatment from a judgment entered after a trial might await similar this:

   

8. Certificate of Service

   The brief should contain a document of service, in which the party filing the brief with the court affirms that he or she has sent, or "served," a copy of the cursory to the opposing political party (or their attorney if they accept one) on a specific appointment and states the method of service, such equally by mail service, delivery, or service by email (if the procedures for e-service are followed). The certificate of service must be signed past the appellate party and should include a signature block containing the appellate party's proper name, accost and telephone number.  For instance, a certificate of service might wait like this:

   Click here to download the contents of this grade.

   Information technology is important for pro se litigants to remember that, by and large, a party has to both file the brief with the courtroom, and serve a copy on the opposing party.  Pro se parties are generally permitted to serve documents past electronic mail if they comply with certain requirements, which are set along in particular in Florida Rule of Judicial Administration two.516.  In addition, most courts now allow (simply practice not require) electronic filing by pro se parties. See Florida Dominion of Judicial Administration ii.525(c)-(d).

   The requirements for electronic filing, fifty-fifty when it is available, often vary in different courts. Appropriately, pro se parties interested in electronic filing should consult the website or clerk'southward office of the particular court to find out if electronic filing is allowed, and, if so, the requirements for electronic filing and service by email. See too Florida Rules of Judicial Administration two.516 and 2.525(c)-(d). Unless electronic filing and service past eastward-post is available, a brief must generally be filed past mail or delivery to the court, and served by postal service or delivery to the opposing party.

9. Certificate of Font Compliance.

   According to Florida Rules of Appellate Process 9.210(a)(2), the font of the letters in the brief must be either Times New Roman fourteen-betoken font or Courier New 12-point font.  In the certificate of compliance, the appellate party states that the font and type size used in the brief complies with this Rule and signs below the argument.  A certificate of compliance might look like this:

   Click hither to download the contents of this grade.

The Answer Cursory

The Florida Rules of Appellate Process practise not crave that the appellant file a answer brief, but an appellant ofttimes should file a reply brief to respond to the arguments in the reply brief.  The appellant's respond cursory, if whatever, is due xx days after the answer cursory and responds to the answer brief arguments.  The reply cursory can be no more than than 15 pages long, not counting the pages necessary for the Tabular array of Contents, Table of Citations, Certificate of Service, Certificate of Font Compliance, and the signature block for the brief's author.

The reply brief typically includes the following sections:

1. Tabular array of Contents
2. Table of Authorities
3. Respond Argument
4. Conclusion
5. Certificate of Service
6. Document of Font Compliance

The answer brief does not raise new arguments. Issues that were non raised beginning in the initial cursory are more often than not waived.  Merely, if new or unlike arguments are raised in the answer brief, the answer cursory can respond to those argument.  The key is that the reply brief responds to the answer brief arguments. It does not just echo the initial brief, nor does information technology heighten new arguments that were non in either the initial or answer brief.  Although the appellant argues in the reply cursory that the appellee'south respond brief arguments are incorrect, the appellant, like the appellee, must exercise and then respectfully and without proper name calling or insults.

Download the Chapter 5 PDF here.

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Source: http://prose.flabarappellate.org/chapter-5-writing-an-appellate-brief/

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