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Message: PTSC vs. TPL 6th appellate district
TPL's reply brief is due tomorrow
FYI
Once the appellate court files the record on appeal, you will have to prepare your brief.
A "brief" is a party's written description of the facts in the case, the law that applies, and the party's argument about the issues on appeal.
The briefs are the single most important part of the appellate process. The record on appeal (the clerk's and reporter's transcripts or other form of the record) provides the court with a picture of what occurred in the trial court. But it is the arguments in the briefs that tell whether or not there was a legal error in those proceedings and whether it changed the outcome of the case. The best briefs contain your entire argument, guiding the appellate court through the case and using the record and legal authority to justify your points. Because of the specialized knowledge necessary for writing a good brief, the briefs are also by far the most difficult part of the appellate process.
In most appeals, there are 3 possible briefs:
1. The appellant's opening brief
The appellant's opening brief is the first brief from the appellant (the person who is appealing). It must clearly explain, using references to the clerk's transcript and the reporter's transcript (or the other forms of the record that you are using), what the appellant claims were the legal errors made by the trial court.
This brief also tells how those legal errors hurt the appellant and what the appellant wants the Court of Appeal or appellate division to do. Remember that an appeal is not a new trial; the appellate court will not consider new evidence, such as the testimony of new witnesses or new exhibits, so you should not try to include any new evidence in your brief.
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. The superior court clerk will send you the deadlines for serving and filing your brief.
- For cases in the Court of Appeal (unlimited civil cases), the appellant's opening brief is due 40 days after the Court of Appeal notifies the appellant that the clerk's and reporter's transcripts (or other forms of the record that you are using) have been filed in the Court of Appeal. If the appellant prepares his or her own appendix and does not request a reporter's transcript, the appellant's opening brief and appendix are due 70 days from the date appellant filed the election to use an appendix in the superior court.
If the appellant does not file his or her opening brief by the deadline set by the court, the court may dismiss the appeal.
2. The respondent's brief
The respondent's brief is the other side's chance to respond to the appellant's opening brief. It must address the facts and legal issues raised in the appellant's opening brief and explain why the trial court's decision should not be overturned. The brief may bring up some issues that the appellant's opening brief did not.
The respondent is not required to file a brief. But if the respondent chooses not to file a brief, the court can decide the appeal on the record, the appellant's opening brief, and any oral argument by the appellant, so the respondent will lose the chance to make his or her argument about the issues in the case.
The respondent's brief is due 30 days after the appellant's opening brief is served and filed.
3. The appellant's reply brief
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