how to answer a appellee's attorney brief

Open with a helpful introduction. It is recommended you start the reply brief with ashort introduction summarizing the arguments you made in the opening brief, thearguments the Attorney General made in the respondent’s brief, and why your argumentsare more persuasive. Here is an example:In his opening brief, appellant maintained the trial court abused itsdiscretion in denying his request to modify the terms of his probation so asto permit him to use medical marijuana in accordance with theCompassionate Use Act (CUA). (Appellant’s Opening Brief (AOB) 12-

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How to write a reply brief for an appellee?

The appellee's brief is the appellee’s written response to the appellant’s opening brief. The appellee's brief responds to the arguments raised in the opening brief and tries to convince the Supreme Court that the Superior Court decision was correct. Does the appellee's brief have the same sections as the opening brief? The appellee's brief should have the same sections as the …

Should appellate lawyers worry about their reply briefs?

This Answer Brief complies with C.A.R. 28(g); This Answer Brief contains 9478 words, including headings, footnotes, and citations; This Answer Brief complies with C.A.R. 28(k) This Answer Brief contains under a separate heading a statement of whether Plaintiff-Appellees agree with Defendants-Appellants’ statements concerning the

When to file a reply brief in an appeal in Florida?

Introduction. In most appeals, an initial brief, an answer brief, and a reply brief will be filed, in that order. The appellant, who filed the notice of appeal, will file the initial brief first. Then the other party, the appellee, will respond with an answer brief. Finally, the appellant can respond to the answer brief by filing a reply brief.

What can an appellate party not discuss in a brief?

 · Appellee. On appeal from the Circuit Court of the Seventeenth Judicial Circuit . in and for Broward County, Florida . The Honorable John J. Murphy . ANSWER BRIEF OF APPELLEE . Respectfully submitted, BROCK & SCOTT, PLLC . Attorneys for Appellee . Shaib Y. Rios, Esq. Florida Bar No. 28316 . 1501 N.W. 49th Street, Suite 200 . Ft. Lauderdale, FL 33309

How do you respond to a brief?

FILE A REPLY BRIEF UNLESS THERE.FOCUS ON RESPONDING TO OPPOS-LEAVE OUT WEAK ARGUMENTS. Your reply brief should highlight the strength. of your case. ... MAINTAIN CREDIBILITY. Having the. ... EMBRACE A THEME. Although this. ... DO NOT BE AFRAID TO GIVE YOUR.MAKE THE REPLY BRIEF A STAND-WRITE A REPLY BRIEF THAT IS NO.More items...

How do you respond to an appeal brief?

The appellant's reply brief should:show how the appellee's brief has not countered the appellant's claims stated in the opening brief,address the cases and arguments raised in the appellee's brief, and.respond to new issues raised by the appellee's brief.

Do you respond to trial briefs?

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.

What is a reply brief in legal terms?

Legal Definition of reply brief : a brief that is filed with the plaintiff's reply and that sets forth the arguments in support thereof.

How long can a reply brief be?

(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.

Can you raise new arguments in a reply brief?

Do not try to raise arguments in the reply brief that could have been raised in your opening brief. Many attorneys cannot resist the temptation to bring up new points. This is not permitted, and any attempt to sneak in a new issue on reply will likely annoy the judges and result in a finding of waiver.

How do you write a legal reply?

Name and address of the parties– The legal notice must mention the name and address of the party to whom the legal notice has to be sent. Facts and grievances– The facts and grievances caused to the sender must be mentioned in the legal notice sent by the sender in paragraphs and points.

How many pages should be in a reply brief?

responses. In most cases, the Reply briefs are limited to 10 pages (excluding the title page).

What are the issues presented in the same appeal?

In the same appeal, here are the issues as presented in the answer brief: 1. The fee award was proper under the contract relied on; 2. (and we’ll quote this one verbatim) “The trial court correctly assessed the amount of fees and allocation of responsibility [between the parents] based upon the evidence presented at the hearing.” (Bracketed matter supplied).

Why was the fee award error?

The fee award was error because it included attorney’s fees for responding to a purely clerical request; and 2. The fee award was error because the contract relied on only applied if a “claim” was made “against” the parenting evaluator, and the appellant never made such a claim.

Is the second issue in the answer brief irrelevant?

Second, and even worse, the second issue in the answer brief is not a point presented by the appellant! The appellant did not appeal the sufficiency of the evidence to support the amount awarded, nor the allocation of the award as between the parents, making this “issue” in the answer brief totally irrelevant to resolution of the appeal. Conversely, with the appellant’s first point not in fact responded to in appellee’s issues presented, appellee risks that the appellant could essentially win the point by default.

Is appeals difficult?

Appeals can be difficult enough as it is. Appellees, make sure your answer brief actually answers!

Why does the defendant respectfully request this Court to affirm the trial court’s Order Suppressing Evidence in this

WHEREFORE, Defendant respectfully requests this Court to affirm the trial court’s Order Suppressing Evidence in this matter, because the trial court properly found that the officer had no present recollection or memory of the stop and that the officer’s testimony could not be relied upon to establish the basis for a lawful stop.

What is the ruling on a motion to suppress?

State, 560 So.2d 207, 211 (Fla. 1990); State v. Allen, 994 So.2d 1192, 1194 (Fla. 5th DCA 2008). A ruling on a motion to suppress is a mixed question of law and fact, and there are two appropriate standards of review. United States v. Harris, 928 F.2d 1113, 1115-6 (11th Cir. 1991). The standard of review for the trial court’s factual findings is whether competent and substantial evidence exists to support the trial court’s findings. Tibbs v. State, 397 So. 2d 1120, 1123 (Fla. 1981), aff’d, 457 U.S. 31 (1982). Findings of fact should be reviewed only for “clear error,” with “due weight to be accorded to inferences drawn from those facts” by the lower tribunal. Hines v. State, 737 So.2d 1182, 1184 (Fla.1st DCA1999). The findings of fact receive deference, unless clearly erroneous. Davis v. State, 594 So. 2d 264 (Fla. 1992); State v. Setzler, 667 So. 2d 343 (Fla. 1st DCA 1995); State v. Glatzmayer, 789 So. 2d 297, 301 (Fla. 2001) (“Appellate courts cannot use their review powers in such cases as a mechanism for reevaluating conflicting testimony and exerting covert control over the factual findings.”). The standard of review for the trial court’s application of the law to the factual findings is de novo. Harris, 928 F.2d at 1116. Accord, Setzler, 667 So. 2d 343.

What should an appellate brief include?

This record will include the important pleadings filed in the case and should also include transcripts of any important hearings that were held that relate to the issues raised in the appeal.

What does the appellant want to argue in a brief?

The appellant will want to argue why the lower tribunal ’s decision or judgment should be reversed ( why the lower court “erred”). And the appellee will want to argue why the decision was correct and should be upheld, or “affirmed.”. Again, the initial brief is filed first by the appellant.

How many pages does an answer brief have?

Like the initial brief, the answer brief generally cannot be longer than 50 pages. Unlike the initial brief, the answer brief is not required to have a statement of the case and facts section, but it usually should have one to explain the case from the appellee’s perspective.

How long does an answer brief take?

And briefs are usually much shorter, often 20 to 30 pages or less. The answer brief is the next brief. It is filed by the appellee within 20 days after the initial brief, again unless a motion for an extension of time is filed before the deadline. The answer brief responds to the arguments in the initial brief.

What should be included in an initial brief?

The initial brief should set out the facts and history of the case in the statement of case and facts section . It should also present legal arguments explaining each reason the appellant believes the decision of the lower tribunal was wrong (i.e., erroneous) and why it should be reversed.

How long is an initial brief?

The initial brief is the first brief. It is filed by the appellant who filed the appeal. The appellant’s initial brief is due within 70 days after filing the notice of appeal. An appellant who needs extra time to file the initial brief should file a motion for an extension of time in the appellate court before the deadline for the brief. Motion practice is discussed in Chapter 4 of this Handbook. The initial brief should set out the facts and history of the case in the statement of case and facts section. It should also present legal arguments explaining each reason the appellant believes the decision of the lower tribunal was wrong (i.e., erroneous) and why it should be reversed. The initial brief cannot be longer than 50 pages, not counting the pages used for the Table of Contents, Table of Citations, Certificate of Service, Certificate of Font Compliance and the signature block for the brief’s author. A party can ask the court for permission to file brief longer than 50 pages, but such motions are rarely granted. And briefs are usually much shorter, often 20 to 30 pages or less.

What is the cover sheet for an appellate brief?

The brief should have a cover sheet stating: the name of the appellate court; the case number the appellate court has assigned to the case, or a space to enter that number if it is a new case that does not have a number; the name or “ style ” of the case (i.e., John Smith v.

What should a reply brief not serve as?

Avoid emotion. Judge Lockemy pointed out that the reply brief should not serve as a “last desperate attempt” to make the appellant’s case. Judge Branch explained that the reply brief provides the appellant with the opportunity to take a step back and remind the court of what the appellant is trying to accomplish. The appellant squanders that opportunity if all the reply brief shows is that the other side’s arguments have hurt the appellant’s feelings. Liberal use of underlining, bolding, and exclamation marks will not persuade the court.

What is a good reply brief?

Judge Pryor explained that a good reply brief will show, rather than tell. Also, Judge Branch gave a parting, practical tip to attorneys who wish to ensure that they are not letting their emotions cause them to squander the last word: have someone not connected with the case read your reply brief before you file it.

What is a well structured opening brief?

A well-structured opening brief should pretermit the need for the court to refer to the reply brief for sake of clarity. In terms of what makes for an effective reply brief, the panelists agreed that reply briefs should always respond to new matters raised in the appellee’s brief.

Do not repeat in a reply brief?

Do not repeat; instead, refute and reply. When the reply brief restates arguments from the opening briefs, the appellant is effectively asking the court to re-read what it has already read. However, Mr. Townsend noted that a reply brief can, when appropriate, cross-reference sections and page numbers from the opening briefs; this avoids unnecessary repetition and allows the reply brief to reply.

Can an appellant have a right of reply?

Yet court rules do not give the appellant the right of reply merely to preview the oral argument. Instead, the reply brief must also respond to the appellee’s misstatements of the law, new issues, new case authorities, and more.

Is a reply brief always necessary?

The panel also addressed a question that appellate lawyers who bill by the hour might see as verging on heresy: is a reply brief always necessary? Answering this question, Judge Pryor noted that a reply brief can potentially do more harm than good in instances where the appellee’s brief is truly incomprehensible. The last thing the appellant would want to do is clarify the appellee’s arguments for the court. Likewise, Judge Lockemy pointed out that a reply brief may not be necessary in instances where the appellee’s brief merely responds to appellant’s arguments in a manner already anticipated (and addressed) in the appellant’s opening brief. Filing a reply brief in such a case would risk violating the maxim of “reply, do not repeat.” Judge Branch pointed out that appellants face an uphill battle, which is why the appellate rules give the appellant the last word. In those instances where the appellant does not need the last word, the appellant should think twice before filing a brief that simply rehashes what has already been said.

Why are reply briefs important?

All panelists agreed that reply briefs are extraordinarily important. Judge Branch warned against squandering the opportunity for the last word, and the panelists gave examples of how they have seen reply briefs misused. Judge Lockemy (echoing Mr. Townsend’s introduction) emphasized that, at least in jurisdictions where oral argument is not the norm, judges will often rely on the reply brief in deciding whether or not to grant oral argument. Mr. Townsend’s written materials for AJEI attendees highlighted a related point: the reply brief itself can serve as a substitute for oral argument in cases likely to be decided on the briefs.

What should you do first in an appellate brief?

You likely will want to make your strongest arguments first and then explain, as necessary, why the appellant’s arguments have no merit. For example, do you have an argument that is dispositive of all of the appellant’s arguments? If so, you should place that argument first in your brief, even if the appellant addressed it last. That way, you can tell the appellate court up front why it should affirm and why it doesn’t need to reach the other arguments presented by the appellant.

What is the most important part of an appellate brief?

The fact section is arguably the most important part of any appellate brief. Many judges say that they know which way a case will come out once they have read the statement of facts, even before they have read the legal argument. As tempting as it may be to incorporate by reference the appellant’s statement of undisputed facts and procedural history, you should resist the urge. Instead, tell your own story, from your and your client’s own perspective.

What is the role of the finder of fact in a case?

If your opponent is arguing that a witness’s testimony does not constitute substantial evidence because that witness was unreliable, it might be prudent to remind the appellate court that it is the finder of fact (the trial court or the jury) that weighs the evidence and determines credibility.

Can an appellant argue that a different ruling would have been better?

Under that standard, it is not enough for an appellant to argue that a different ruling would have been “better.”. Rather, appellate courts disturb discretionary trial court rulings only upon a showing of a clear case of abuse and a miscarriage of justice.

What is the purpose of an appellate court review?

If the appellant is challenging a factual determination, the appellate court typically reviews the judgment to determine whether there is “substantial evidence” to support the finding. Appellees have a distinct advantage in opposing substantial-evidence arguments because all conflicting evidence and inferences in the record are resolved in favor of the appellee. Moreover, so long as there is some evidence in the record supporting the judgment, the appellate court usually will affirm.

Why is the appellant at a distinct advantage over the appellant?

discretion standard of review applies, the appellee is at a distinct advantage over the appellant because all presumptions tilt in the appellee’s favor. When the appellate court applies the de novo standard of review, however, the appellant and appellee are on equal ground.

What are the three standards of appellate review?

There are three general standards of appellate review: substantial evidence, abuse of discretion, and de novo review. The applicable standard of review is determined by the nature of the challenged trial court action and the issues raised on appeal. When either the substantial-evidence or the abuse-of-.

Who is the appellant in the Veterans CouWs case?

The appellant, Perry R. Alexce, seeks review of the Veterans CouWs

Is Respondent-Appellee aware of any other case?

Respondent-appellee's counsel also states that she is not aware of any other case

Statement of The Case and Facts

• On November 28, Officer T.C. M., with the Jacksonville Sheriff’s Office (JSO), stopped the Defendant while he was driving in Jacksonville, Florida. (R. 194). Officer M. did not prepare any reports regarding the stop or arrest of the Defendant. (R. 182). JSO Officer J.K. H. conducted an investigation for Driving Under the Influence (DUI), and arrest...

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Standard of Review

Summary of The Argument

Conclusion