How To Write a Reply Brief
| Background: | Your civil opponent's answer brief has muddied your opening brief |
| Problem: | You want to write a reply brief, but you don't know how |
| Solution: | You follow this guide for writing an effective reply brief |
I. Definitions
II. Legal Citations
(b) Certificate of Interested Persons and Corporate Disclosure Statement...
(d) Table of Contents...
(e) Table of Citations...
(k) Argument and Citations of Authority...
(m) Certificate of Compliance...
(n) Certificate of Service...
III. Samples
| # | Comments | ₧ | |
|---|---|---|---|
| 101 |  | ± Pending | 22-13613 | TBD case. Pro Se Filing | USFLND | §1983 Case; Perjury from a Judge; Judicial Immunity; Due Process |  |
| # | Comments | ₧ | |
|---|---|---|---|
| 201 | | 2019 | Pro Se Filing | hou; Filing Date | |
| 202 | | 2018 | Attorney Filing | Rules Challenge; School Board; Void/Invalid | |
| 203 | | 2017 | Pro Se Filing | eee; Disparate Impact; School Board; Title VII | |
| 204 | | 2016 | Pro Se Filing | pub; Clear Error; Sanctions; Competent Substantial Evidence | |
| 205 | | 2015 | Attorney Filing | Rebuttal to Answer Brief; Harmless Error; Miscarriage of Justice | |
| 206 | | 2014 | Attorney Filing | eee; Prima Facie Evidence; Intent; Hearsay; Reasonable Accommodation | |
| 207 | | 2013 | Attorney Filing | Unconstitutional Law; Art. III §10 FL Constitution; Notice Requirement | |
| 208 | | 2012 | Pro Se Filing | Third-Party Defenses; Hearsay; Public Record; Purchased Property | |
| 209 | | 2011 | Attorney Filing | Intervenor | Law of the Case; Res Judicata; Tipsy Coachman Doctrine | |
IV. Templates
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | CA11 Version | Replace all placeholder tags (eg "[plfName]" becomes "John Doe"). |  |
V. Quick Commentary
- Due Date (14 days vs XX days): Follow your Circuit Court's filing schedule (some Circuits mandate different time windows).
For example: the 11th Circuit gives 21 days (instead of 14):(a) Briefing Schedule. Except as otherwise provided herein, the appellant shall serve and file a brief within 40 days after the date on which the record is deemed filed as provided by 11th Cir. R. 12-1. The appellee shall serve and file a brief within 30 days after service of the brief of the last appellant. The appellant may serve and file a reply brief within 21 days after service of the brief of the last appellee.
- Re-Read your Opening Brief [Before reading your Opponent's Answer Brief]
- Action Steps:
- Re-read your Opening Brief shortly before reading the Answer Brief
- Write down the points/issues-on-appeal
- Benefits:
- This will help refresh your memory [as to what the issues-on-appeal are]
- This will help you identify/combat the false/immaterial statements in your opponent's answer brief
- Action Steps:
- Take Notes [on your Opponent's Answer Brief]
- Action Steps:
- Annotate the Answer Brief
- Mark the true statements/concessions [from the Answer Brief]
- Mark the false statements [from the Answer Brief]
- Mark the immaterial statements [from the Answer Brief]
- Benefits:
- This will help you plan/write your Reply Brief
- Action Steps:
- Quote the Answer Brief
- Action Steps:
- Copy & Paste passages from the answer brief
- Benefits:
- Using direct quotes will help your Reply Brief attack your opponent's falsehoods/etc
- Action Steps:
- Read all Citations
- Action Steps:
- Copy & Paste all of the cited opinions/statutes that are in your opponent's Answer Brief
Googlethe cited opinions- alternatively, you can use other search engines (eg, Bing, DuckDuckGo, Yandex, etc.)
- note: in TBD's experience, other search engines (ie, DuckDuckGo in particular) produce results that Google [sometimes] misses
- Benefits:
- Reading the opinions will likely reveal fallacies in your opponent's arguments
- For instance: your opponent might have misrepresented what an appellate opinion actually rendered
- For instance: your opponent might have cited an opinion that is no longer viable (ie, overruled by subsequent decisions)
- For instance: your opponent might have cited an opinion that actually favors your points
- Reading the opinions will likely reveal fallacies in your opponent's arguments
- Action Steps:
- Do Not Raise New Issues
- Action Steps:
- Know that - according to the appellate courts - superior courts can only entertain arguments that were previously raised (ie, in the trial court objection; and/or in the opening brief)
- Nonetheless, if you need to raise a new issue, then file a Motion for Leave to File a Supplemental Opening Brief
- here's a how-to guide
- here are some samples
- Benefits:
- This will help you keep your reply brief as short as possible
- Action Steps:
- Highlight the Points which your Opponent Conceded
- Action Steps:
- Identify the points that your opponent explicitly conceded
- Identify the points that your opponent implicitly conceded
-
(ie, via dodging/avoiding the issue)
- Benefits:
- This will help you keep your reply brief as short as possible
- This will give you an opportunity to reinforce the indisputability of your appeal
- Action Steps:
- Proper Structure (Circuit): Compose your reply brief the way your Court of Appeals prescribes.
Here's an example (Rule 28-3 11th Cir. R.):- Cover Page
- CIP
- Table of Contents
- Table of Citations
- Argument and Citations of Authority
- Certificate of Compliance
- Certificate of Service
- Contents - Rule 28-1 11th Cir. R.
- Format - Rule 32-3 11th Cir. R.
- Page Numbering & Length - Rule 32-4 11th Cir. R.
- Proper Structure (Nationwide): Alternatively (ie, see above bullet point), compose your reply brief the way the Rules of Appellate Procedure prescribe
- Table of Contents
- Table of Authorities
- Download as many sample documents as you'd like
- Contact TBD for more free samples
- Feel free to use the templates (see Part IV - above) to help draft your 'Reply Brief'
- Save the final version as a PDF file.
- File the final version in court
- Print out seven/four copies of each brief (see Rule 31-3 11th Cir. R.)
- Colors (see Section 9 USCA11 Pro Se Handbook):
- BLUE (for the Opening Brief)
- GRAY (for the Reply Brief)
- Bind them properly (see Rule 32-1 11th Cir. R.)
- Colors (see Section 9 USCA11 Pro Se Handbook):
- Print out two copies of the appendix (see Rule 30-1(d) 11th Cir. R., and Rule 30-2(d) 11th Cir. R.)
- Bind them properly (see Rule 32-1 11th Cir. R.)
- Colors (see Section 9 USCA11 Pro Se Handbook):
- WHITE (for the Appendix)
- Mail each copy
Elbert P. Tuttle Courthouse
11th Circuit Court of Appeals
56 Forsyth Street, NW
Atlanta, GA 30303- access this quick list of FL District Courts of Appeal
- access this quick list of US Circuit Courts of Appeal
VI. Additional Resources
- Pro Se Handbooks (Appellate)
VII. Conclusion
...POINTS & THINGS...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
