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The technical legal word for the people who are part of a court case and have a right to ask the court to make a decision on a dispute. At the trial level, the parties are typically called the plaintiff or petitioner and the defendant or respondent. On appeal, parties are called the appellant and appellee.
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 extra time to file the initial brief should file a motion for an extension of time in the appellate court before the deadline for the brief.
An appellant is a party (usually the primary applicant) who disagrees with a decision made by the organization and submits an appeal.For more information, see Appeals Against Multiple Decisions. A respondent is a party who responds to an appeal made by an appellant and who defends the decision that led to the appeal.
A succinct statement of the case in your brief tells the appellate court how you got here. In this portion of the brief you verify the procedural history of the case by answering these questions: Who: Who won in the trial court? Who is taking the appeal?
The party who appeals a lower court's decision in a higher court. The appellant seeks reversal or modification of the decision. By contrast, the appellee is the party against whom the appeal is filed.
Identify the evidence that you have to support your case. You can simply list the evidence, because you will be given an opportunity to describe it in further detail in court. Reference any contracts that you have with the defendant in the statement of the case.
The petitioner is the party who presents a petition to the court. On appeal, the petitioner is usually the party who lost in the lower court. This can be either the plaintiff or defendant from the court below, as either of the parties can present the case to a higher court for further proceedings. See also respondent.
(In the trial court, the first name listed is the plaintiff, the party bringing the suit. The name following the "v" is the defendant. If the case is appealed, as in this example, the name of the petitioner (appellant) is usually listed first, and the name of the respondent (appellee) is listed second.
If an appellant fails to file a brief within the time provided by this rule, or within an extended time, an appellee may move to dismiss the appeal. An appellee who fails to file a brief will not be heard at oral argument unless the court grants permission.