What are reply briefs?

When a case is appealed to a higher court, the respondent submits a reply brief in answer to the "opening brief" of an appellant. In the trial court context, a party who files a motion often has the opportunity to file a reply brief after the other party files a brief in opposition to the motion.

How long to file reply brief in California?

A reply brief must be served and filed within 20 days after the opposing party files its brief. (4) A party filing a brief it filed in the Court of Appeal must attach to the cover a notice of its intent to rely on the brief in the Supreme Court.

What is a reply brief in an appeal in California?

The reply brief is optional. The appellant's only job in the reply brief is to challenge the legal arguments in the respondent's brief. The appellant does not need to file a reply brief if they believe there are no legal issues in the respondent's brief that must be addressed.

What is the purpose of the reply brief?

What is the reply brief? The reply brief is the third brief in the series and is filed by the appellant. The reply brief addresses issues that were raised previously in either the appellant's opening brief or the appellee's brief, but should not raise any new issues.

Who can file an amicus brief in California?

(c) Amicus curiae briefs (1) Within 14 days after the last appellant's reply brief is filed or could have been filed under rule 8.212, whichever is earlier, any person or entity may serve and file an application for permission of the presiding justice to file an amicus curiae brief.

How long is a reply brief in California Court of Appeal?

(c) Length (1) If produced on a computer, an opening or answering brief on the merits must not exceed 14,000 words, including footnotes, and a reply brief on the merits must not exceed 8,400 words, including footnotes.

What is the reply brief on appeal?

On appeal, your closing argument is your reply brief. The reply brief, and not your opening brief, should be your closing argument. In most appeals, the reply brief is your last word (in writing, at least). Having the last word is a luxury we, as appellants, are lucky to have.

What is a stipulated extension?

If the court has not already granted an application to extend the time to file your brief, the parties may stipulate to extend the briefing time for up to 60 days for each type of brief by filing one or more stipulations in the Court of Appeal before the brief is due.

Get CA APP-012 2015-2024

Q: What is a reply brief in an appeal in California?

The reply brief is optional. The appellant&#039;s only job in the reply brief is to challenge the legal arguments in the respondent&#039;s brief. The appellant does not need to file a reply brief if they believe there are no legal issues in the respondent&#039;s brief that must be addressed.

Change Document Font Size Check Spelling Email Form Save Form TO BE FILED IN THE COURT OF APPEAL APP-012 COURT OF APPEAL CASE NUMBER APPELLATE DISTRICT DIVISION ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NO. You may use Proof of Service Court of Appeal form APP-009 for this purpose. Date TYPE OR PRINT NAME SIGNATURE OF PARTY OR ATTORNEY IF SIGNED BY AN ATTORNEY NAME OF PARTY REPRESENTED Page 1 of 2 Form Approved for Optional Use Judicial Council of California APP-012 New January 1 2015 Appella.

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