Illinois Getting Started-APPellant's Reply Brief is a document filed in response to a motion to dismiss a case or an appeal. It is an official document which is filed with the court to provide an argument against the motion to dismiss and to support the appellant's position. It is used to argue why the appellant's case should not be dismissed and should be heard on its merits. There are two types of Illinois Getting Started-APPellant's Reply Brief: 1. Standard Reply Brief: This type of reply brief is used when no counterclaims have been filed. It is used to respond to all the arguments made in the motion to dismiss and to provide an argument as to why the court should not dismiss the case. 2. Counter Reply Brief: This type of reply brief is used when a counterclaim has been filed by the respondent. It is used to respond to the arguments made in the motion to dismiss and to provide an argument as to why the court should not dismiss the case and should hear the counterclaim.
Illinois Getting Started-APPellant's Reply Brief
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FAQ
The appellant cannot make new legal arguments in the reply brief, so there is nothing new in the reply brief that the respondent needs to address. Each Court of Appeal has self-help resources online. You can also contact your local Court of Appeal to see if they have a self-help center at the court.
Although reply briefs are optional, it is generally advisable to file a reply brief lest the respondent's unanswered arguments take hold before oral argument is heard or the lack of a reply is viewed as a concession of the validity of those arguments.
A reply brief must contain a table of contents, with page references, and a table of authorities?cases (alphabetically arranged), statutes, and other authorities?with references to the pages of the reply brief where they are cited.
Tips for Writing a Persuasive Reply Brief Begin with a concise and powerful introduction.Focus on what your adversary did not say.Respond to some of your adversary's arguments.Do not repeat the arguments that you made in your initial brief ? but briefly remind the court of those arguments.
Under Rule 341(b), the Appellant's Brief must be no more than 50 pages (or alternatively, no more than 15,000 words), not including certain sections. It must be in the form specified in Rule 341(a), and must include a proof of service on the other party and a certificate of compliance with Rules 341(a) and (b).
The appellant's opening brief should address obvious issues head-on, rather than saving them for reply. This will allow the reply brief to focus on the appellee's concessions and weak points, rather than having to play ?whack-a-mole? attempting to refute every point made in the appellee's myriad of arguments.
Open with a helpful introduction. It is recommended you start the reply brief with a short introduction summarizing the arguments you made in the opening brief, the arguments the Attorney General made in the respondent's brief, and why your arguments are more persuasive.
You cannot introduce new legal issues that were not discussed in the respondent's brief. But you can address new legal issues that the respondent wrote about. That means you can talk about legal issues that are in the respondent's brief that are not in the appellant's opening brief.