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Court of appeals · Briefs

Appellee’s / Respondent’s Brief

The appellee’s merits brief.

Filed by: Appellee

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)) — red cover
  • Same contents as FRAP 28(a), except the jurisdictional statement, issues, case statement and standard of review may be omitted if the appellee is satisfied with the appellant’s (FRAP 28(b))
  • Certificate of compliance with the type-volume limit (FRAP 32(g)(1))
  • Proof of service (FRAP 25(d))

Deadline and length

Deadline: Within 30 days after the appellant’s brief is served (FRAP 31(a)(1)).

Length: 13,000 words or 30 pages (FRAP 32(a)(7)).

Governing rules

  • FRAP 28(b)
  • FRAP 31
  • FRAP 32

Check the local rules for

  • Circuit-specific word limits and briefing schedule

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.