Every appellate court tells you, in its rules, which parts a brief must have and in what order. The names differ a little from court to court, but the skeleton is almost always the same. Here it is, using the federal rule (Federal Rule of Appellate Procedure 28) as the model.
1. Cover
The cover shows the appellate case number, the name of the court, the case title with each party’s designation (for example Defendant-Appellant), the court you are appealing from, the title of the brief (“Brief of Appellant”) and the name, address, phone and email of the person filing it. Some courts add more — New Jersey asks for the judge who “sat below” and the date submitted.
2. Disclosure and interested-persons statements
Corporations usually must list parent companies and public companies owning 10% or more of their stock. The Fifth and Eleventh Circuits require a certificate of interested persons; the D.C. Circuit a certificate as to parties, rulings and related cases. Individuals representing themselves often need none.
3. Table of contents and table of authorities
The table of contents lists every heading — including each argument point heading — with its page number. The table of authorities lists every case, statute, rule and other authority you cite, with the pages where each appears. Cases go in alphabetical order. These tables are the part most people find tedious to build by hand, and the part clerks check first.
4. Jurisdictional statement
Which law gave the lower court jurisdiction, which law gives the appellate court jurisdiction (in federal appeals usually 28 U.S.C. § 1291), and the dates showing the appeal is timely: the date of the judgment and the date the notice of appeal was filed.
5. Statement of the issues
Each question you want the court to decide, framed in one or two sentences. Many courts want the standard of review stated here or at the start of each argument.
6. Statement of the case (and facts)
What the case is about, how it got here (procedural history) and the relevant facts, each supported by a citation to the record or appendix — for example “(Da12)” or “(JA45)”. Facts without record citations are a common reason briefs are rejected or given little weight.
7. Summary of argument
A short, clear preview of your argument — not a repeat of the headings.
8. Argument
The heart of the brief, divided into numbered points under headings that state what the court should conclude (“I. The notice to quit was defective, so the court lacked jurisdiction”). Each point explains the standard of review, the law and how it applies to your facts, with citations.
9. Conclusion
A short statement of exactly what you ask the court to do: reverse, vacate and remand, affirm.
10. Signature and certificates
The brief is signed (e-filers usually sign “/s/ Name”). A certificate of compliance states the word count or page count and the typeface; a certificate of service states who was served, how and when.
How courts differ
- Length: 13,000 words for a federal principal brief (14,000 in the Second, Seventh, Ninth and Federal Circuits); many state courts use page limits instead — New Jersey allows 50 pages.
- Type: most courts want 14-point proportional type, double-spaced; the Seventh Circuit allows 12-point; California and Georgia prefer Century Schoolbook; Connecticut and Florida use Arial.
- Order and names of sections: New Jersey requires a procedural history and a table of judgments, orders and rulings; Texas requires an issues-presented section and a statement regarding oral argument.
See the rules for your court, or upload your draft and AppealDraft will put it in the right order and format.