What is a reply brief in federal court?
A reply brief is a useful vehicle for bringing to the court’s attention a controlling or persuasive case decided after the filing of the appellant’s main brief. This underscores the importance of continuing to research the law up to the date of filing of the reply brief, and then, right up to the date of oral argument.
What happens after a reply brief?
After all the briefs are filed and the Court of Appeal has had time to review them, the court will contact the parties to ask if they want to participate in oral arguments. All parties who file a brief that the Court of Appeal accepts will have an opportunity to make an oral argument.
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 a new argument 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 structure a reply 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.
Can you cite new cases in a reply brief?
If relevant new cases are decided after you have filed your opening brief, you will want to add those to your file of potential reply brief materials as well.
How do you write a good reply brief?
How to Write an Effective Reply Brief
- File a reply brief unless there are strategic reasons not to.
- Focus on responding to opposing counsel’s arguments.
- Leave out weak arguments.
- Maintain credibility.
- Embrace a theme.
- Do not be afraid to give your reply brief some flavor.
- Make the reply brief a stand-alone document.
Can you make new arguments in a reply brief?