A Pro-Se Appellant's Brief is a legal document filed by a party (the appellant) in an appeal of a lower court's ruling. It is a written argument presented to a higher court that contains the appellant's position on the case and why they believe the lower court's decision should be reversed or modified. It includes the facts of the case, the legal issues, the appellant's arguments, and the relevant law. Furthermore, it is usually prepared by the appellant without the assistance of an attorney, hence the term pressse” (Latin for “for oneself”). There are two main types of Pro-Se Appellant's Briefs: opening briefs and reply briefs. An opening brief is the initial brief filed by the appellant and lays out the appellant’s arguments. A reply brief is filed by the appellant in response to the other side’s brief and should refute or clarify the other side’s arguments.
Pro-Se Appellant's Brief
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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.
There are several components that make up your Appellate Brief: Title Page; Table of Contents; Table of Authorities; Statutes Involved; Standard of Review; Question Presented; Statement of Facts; Summary of Argument, Argument and Citation of Authority; Point headings that are within Argument section; Conclusion;
The appellee must serve and file a brief within 30 days after the appellant's brief is served. The appellant may serve and file a reply brief within 21 days after service of the appellee's brief but a reply brief must be filed at least 7 days before argument, unless the court, for good cause, allows a later filing.
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.
The most important difference between an appellate court and a trial court is that the appellate court generally does not decide issues of fact. In a trial court, the factfinder?usually a judge or jury?will make findings of fact.