An appeal brief is an appellant’s or respondent’s written argument that explains why the higher court acted correctly or wrongly. It’s time to prepare a brief once the record has been compiled.
The opening brief of the appellant is due 40 days after the appellant has been informed by the Court of Appeal that the transcript of the record or reporter is filed. Whether the appellant prepared his/ her own appendix and did not request the transcript of a reporter, the opening brief and appendix of the appellant are due 70 days from the date on which the appellant filed in the superior court the election of rule 8.124.
In either case the Court of Appeal shall send the appellant a notice specifying when the opening brief of the appellant is due.
You will need to address the facts and legal issues raised in the opening brief of the appellant if you are the respondent.
First of all, make sure
If there is a problem with the appeal, you can file a motion to reject the appeal and/or argue in your respondent’s brief that the appeal should be rejected.
Why a brief reply from an appellant?
Why is there no response to the answer?
Because the appellant has the burden of proving that the trial court erred to the Court of Appeal, the defendant has the opportunity to respond to the brief of the respondent. The brief reply from the appellant is optional.
No new issues can be raised in the reply as there would be no opportunity for the respondent to refute them. The appellant will explain how the respondent did not combat the statements of the appellant contained in the opening brief; answer the cases and points posed in the brief of the respondent; and respond to new questions raised in the brief by the respondent.
Somewhere the briefing has to stop, and that’s where it stops!
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