Session 5: Handling an Appeal—Preparing Briefs (Part 2)

This post features the video and slidedeck for the fifth lecture in my Appellate Practice and Procedure course. The presentation appears below.

This class picks up where the last one left off. The basic concepts covered in Session 4 still apply, but the focus is on strategies and approaches specific to the appellee’s brief and the appellant’s reply brief.

The appellee’s brief is critical because it’s the only chance to address the appellant’s positions unless the court grants oral argument. The idea is to target and refute the complaints raised in the appellant’s opening brief, add any further arguments supporting the result reached in the trial court, and persuade the appellate judges not to disturb that result.

An appellant’s reply brief, if filed, should not simply rehash previous arguments. Instead, it should focus on why the appellee’s arguments are wrong, distinguish the appellee’s authorities, and answer any questions remaining after the initial round of briefing. This focus should be laser-like; get in, make your points thoroughly but succinctly, and get out.