What is an appellate brief?

An appellate brief is an official document written to persuade a higher court to reverse or modify the lower court’s decision. It is submitted to the court and typically contains an introduction, argument, and conclusion. In the introduction, the brief explains why the court should hear the case. The argument section will make the case for why the appellate court should overturn or modify the lower court’s decision. This will include a review of the facts and the applicable law. The conclusion will summarize the points made in the argument. In North Carolina, an appellate brief is usually filed in the North Carolina Court of Appeals, Superior Court, or Supreme Court after a trial has taken place. The brief is usually written by an attorney on behalf of the appellant, or the party appealing the lower court’s decision. The appellant’s attorney will explain how the lower court’s decision was wrong and why the appellate court should reverse or modify the lower court’s decision. The appellate brief is important because it is an opportunity for the appellant’s attorney to explain the law and present the facts and arguments necessary to support the appellant’s position. Ultimately, the success or failure of an appeal often hinges on the strength of the appellate brief because the appellate court’s decision will usually be based on the arguments presented in the brief.

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