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Preparing an Effective Appellate Brief

When you appeal a court decision, it is important that your appellate brief properly addresses all of the issues in an effective manner. The appellate brief will be reviewed by the appeals court and will serve as the outline for your argument. If you need assistance with an appeal, then contact the Indianapolis appellate attorneys from McClure McClure & Davis.

What happens in an appeal?
When a court issues a decision, then it may be appealed. The appeal must be filed within a certain period of time, otherwise it will be dismissed. Appeals are governed by specific rules and procedures.

After an appeal is filed, the appealing party must file a written brief within a certain time period. The brief sets forth specific information for the appellate court to consider, such as:

  • Case procedural history
  • Summary of relevant facts
  • Legal standards that apply
  • Citations to applicable law
  • References to the court record
  • Legal argument

All parties involved in the appeal have a right to submit an appellate brief.

The parties to an appeal may also participate in oral argument, where the parties verbally argue their position to the appellate court. During the oral argument, the court may pose questions to the parties to clarify their respective positions.

How do you prepare an effective brief?
An effective appellate brief will be thorough and address all of the relevant issues. The brief should clearly state what issues are being appealed. The brief should also cite to the applicable legal authority, including codes, statutes, rules and case law. A persuasive appellate brief will address the argument and also address any anticipated responses.

Appellate law practice is unique, so you should consult with experienced Indianapolis appellate attorneys. If you need assistance with an appeal, then contact McClure McClure & Davis.

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