Successful appeal briefs are concise, follow court rules, and present persuasive arguments with supporting case law. They should be written in a neutral tone without personal attacks and organized with subtitles. Proofreading and confidence in the case are also important.
The best appeal briefs are concise, abide by the rules of the court in which they are filed, and present persuasive arguments. They are written in assertive language that is supported by statute or precedent and do not attack the opponent’s position. A successful appellate brief captures the attention of the appellate judge and provides clear details about the case without repetition. It is written in a neutral and objective tone that supports every fact presented.
Courts in every region or jurisdiction are invoking rules for filing briefs of appeal in criminal and civil cases. Court rules include page limits, type size, and what each section of the document must include. In some courts, only one side of the page may contain text, while others prefer double-sided pleadings. A non-compliant brief could be rejected, wasting hours of preparation time.
Appellate attorneys who use brevity in their pleadings and avoid unnecessary repetition can win favor with the court. Appellate judges spend most of their days reading and generally appreciate documents that are concise, clear, and to the point. Appeal briefs should not include pages of personal attacks on opposing counsel’s argument, but state the facts of the case without emotion or personal opinion.
Subtitles are useful for organizing appeal briefs into manageable segments. Each section should include case law to support the arguments presented. Each fact should be linked to a citation in the law or in a previous case that addressed the issues discussed in the brief. Quotations and annotations that help the judge cross-reference them increase the credibility of the lawyer who wrote the brief.
Proofreading and editing are two of the most basic tips for writing appeal briefs. An error-ridden brief or confusing language is unlikely to convince a judge that the argument is valid. Sentences and paragraphs should be short and written without legalese; Extraneous adverbs or adjectives that project emotion should be removed. Some appellate attorneys set the document aside for a few days to view it later with a fresh perspective that allows them to spot flaws and trim excess content.
Self-confidence and confidence in an appellate attorney’s case are intangible prompts for writing an appellate brief. Thorough research and sincerity help lawyers develop a compelling argument. If the attorney strongly believes that the case should be overturned and that the lower court ruled in error, this helps him or her compose a more persuasive brief.
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