Today’s column is the second of a three-part series intended to help readers understand and hopefully avoid some of the most troublesome pitfalls lurking in appellate practice. This column focuses on what appellate judges agree is ordinarily the most important part of the appellate process—the parties’ briefs on appeals. Part one of this series, which appeared in December 2018, focused on the notice of appeal that begins the appellate process. And next month’s column will focus on orally arguing an appeal.
What makes the parties’ briefs on appeal the most important part of the appellate process? The briefs present the only opportunity a party will have to tell the appellate judges in writing what the case is about, what issues are before the appellate court for resolution, and why the decision under review should be upheld or overturned. In certain appellate courts, such as the U.S. Court of Appeals for the Third Circuit, which hold oral argument in only a small fraction of all appeals, an appeal is frequently won or lost on the briefs alone.
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