Filing Your Appeal - Briefing

In most cases, the deadline for filing the opening brief will be set based on the district court’s determination that the record is complete. 

Be certain to include the required attachments to your opening brief and follow the federal and local rules with regard to required sections of the brief.  Notwithstanding the local rule that permits 13 point font, use 14 point.  The larger type is much easier to read and does not affect your available argument space.  Also, the conversion to PDF format sometimes shrinks the text and if the typeface on the hardcopy of your brief doesn’t pass our rules measurement test, you will be required to prepare a new brief.

All hardcopies of briefs and appendices must be single sided.   Briefs must comport to the type/volume and other requirements of the rules.  Motions seeking leave to file briefs in excess of the type/volume limitations of the rules are rarely granted.  Principal briefs must state on the cover whether oral argument is requested and if the answer is yes, must include a short section in the brief explaining why.

Please see our Appeal Requirements, Briefing and Appendix Checklist, and our FAQ for helpful guidelines in preparing your brief and appendix.

Beyond the initial due dates that will be set for each brief, you can generally get a single extension of time of an additional 30 days within which to file the opening and answer briefs, and an additional 14 days within which to file a reply brief.  Plan from the beginning on getting your briefs done within that timeframe.