Court of appeals · Briefs
Appellant’s / Petitioner’s Principal Brief
The appellant’s merits brief.
Filed by: Appellant
Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.
What it must include
- Cover with case number, court, title, nature of proceeding, document title and counsel (FRAP 32(a)(2)) — blue cover
- Disclosure statement if required (FRAP 26.1)
- Table of contents and table of authorities with page references
- Jurisdictional statement
- Statement of the issues
- Statement of the case
- Summary of the argument
- Argument with standard of review for each issue
- Short conclusion stating the relief sought
- Certificate of compliance with the type-volume limit (FRAP 32(g)(1))
- Proof of service (FRAP 25(d))
- Redactions required by FRAP 25(a)(5) (applies the privacy rule that governed below)
Deadline and length
Deadline: Within 40 days after the record is filed (FRAP 31(a)(1)); circuits may shorten or lengthen by local rule or order.
Length: 13,000 words or 30 pages; 14-point proportional font; 1-inch margins (FRAP 32(a)(4)–(7)).
Governing rules
- FRAP 28(a)
- FRAP 31
- FRAP 32
- FRAP 26.1
Check the local rules for
- Circuit-specific word limits and briefing schedule
- Addendum of statutes, record-citation format and excerpts of record (e.g. 9th Cir.)
- Number of paper copies, if any
- Certificate of interested persons (e.g. 5th and 11th Cir.)
Applies in federal courts of appeals. Find your court for its local requirements.
Other briefs
Draft this filing in DraftAria.
Court-formatted template with this checklist built in, and brackets where your matter details go.