After the initial brief is filed, the appellee has 20 days to file an answer brief.
The appellant can then file a “reply brief” within 20 days of service of the answer brief. A reply brief is not required, but it is usually a good idea to file one. A reply brief responds to what was said in the answer brief filed by the opposing party. If an appellant decides to file a reply brief, it must be served within 20 days after service of the answer brief. An appellant who wants to appear before the appellate court and argue his/her case, must file a “request for oral argument” no later than the time the appellant serves the reply brief. Florida Rules of Appellate Procedure 9.210(a) and (e) describe what the appellant needs to include in the reply brief and other general requirements.
A claimant who won in the lower tribunal may have to defend an appeal filed by the opposing party. If the opposing party files a notice of appeal, the claimant, as the appellee, will need to do the following:
2. File an answer brief.
The appellee’s answer brief must be served no later than 20 days from the date of service of the initial brief. Florida Rules of Appellate Procedure 9.210(a) and (c) describe what must be included in the answer brief and other general requirements. If an appellee wants to appear before the appellate court and argue the case, the appellee must file a request for oral argument no later than at the time of service of the answer brief. See also Chapter 4, Motion Practice in the Appellate Courts; Chapter 6, Checklist for Appellate Briefs and Generally Petitions in the District Courts of Appeal; and Chapter 18, Oral Argument in Florida’s Appellate Courts and the Florida Supreme Court.
