How to Format Legal Briefs Submitted to an Appellate Court

Author: Julie Clements

Legal briefs prepared by counsel to submit to an appellate court comprise of legal and factual arguments and the authorities in support of them. With legal brief transcription, you can generate a hard copy of legal arguments as well as attorney’s presentations. However, it is important to apply the right format while transcribing the briefs to be submitted to an appellate court. A brief is not only a critical document in a legal process, but also helps readers understand the case better. For example, attorneys can capture the critical information they require to determine whether the case is relevant quickly from a one or two page brief rather than a 25 page case completely. The briefs have to be written in the correct format for easy perusal and understanding.

Though there are variations in formatting, legal briefs generally contain four sections.

The first section contains the descriptions of the facts of the case and the second section contains a short description of the procedural history of the case. A short statement of the main legal issues or the issues that the case addresses are included in the third section and the holding of the case or the ultimate outcome is mentioned in the fourth section. The last section comprises a discussion of the court’s analysis. The basic format of a brief transcript submitted to an appellate court is given below.

Court Brief Cover

The transcription of briefs starts with a cover page. You should first include the name of the court in the center at the top of the page. Include the names of the parties involved in the case left justified on the page. While transcribing names, start with the name(s) of the plaintiff(s)/appellant(s) v. the names(s) of the defendant(s)/respondent. These names should be put within brackets with the information – county circuit, court number, and case number on the right side. The title of the brief should be added below this information at the center followed by the court name, brief date, and the name of the judge presiding over the case. To complete the cover page, you should add the information pertaining to the plaintiff and defense attorneys/lawyers. Ensure that this information is left justified, includes the address, phone and email of the attorneys and clearly defines which side of the case each attorney represents.

Index

Next, include an index of the court brief. Make sure that your index includes the following information.

  • >> The nature of the action
  • >> Relief sought
  • >> The nature of the judgment
  • >> Basis of appellate jurisdiction
  • >> Effective date
  • >> Questions presented on appeal
  • >> Summary of argument
  • >> Statement of facts
  • >> Assignment of error
  • >> Argument
  • >> Conclusion
  • >> Appendix

Court Brief

The court brief should be easy to read with the simplest word forms the case permits. Use simple sentences. Each section should be clearly defined. Make use of titles, bold fonts and page numbers. Ensure that your index accurately refers the readers to the relevant page numbers of the brief.

Conclusion

Include a summarized conclusion of the brief. After the summary, add a signature line for the plaintiff’s lawyer. Provide the name of the lawyer and title beneath the signature line since it relates to the case.

Excerpt of Record

An excerpt of record with its own index may be included in your legal brief. This may be comprised of:

  • >> An amended complaint
  • >> A motion to dismiss
  • >> An opposition to motion
  • >> A judgment of dismissal

You should number the subsequent pages following the index as "ER-1", "ER-2" and so on.

Certification of Compliance

This is a statement of compliance provided by the lawyer who compiled the brief. The certification of compliance refers to the length of the brief and type size requirements. A signature line for the lawyer is also included in this page.

Proof of Service

Conclude the brief with a certified statement regarding proof of service. This statement explains the delivery of the original brief and the numbered copies delivered to the court administrator. The number of copies mailed or delivered to other attorneys related to the case is also mentioned in the statement. This page ends with another signature line.

Keep your transcription clean, organized and extremely professional. The first thing an appellate court sees is the reason why your client should prevail. Therefore, you should arrange the facts in chronological order. If presented well, facts reduce the arguments. Do not over-argue or overwrite. Proofreading the briefs will give you an opportunity to check the structure, spelling, punctuation, language and syntax as well as seek feedback from a colleague. Busy legal firms may have to record a large volume of data for legal briefs every single day and the staffs may struggle to balance quality and deadline. By outsourcing legal brief transcription, you can save valuable time and effort. Professional transcription companies employ a QA team to proofread the brief and ensure maximum accuracy.