What is an appellate brief?

An appellate brief is a document prepared by a lawyer for submission to a higher court in order to appeal the decision in a case. In Virginia, appellate briefs are filed with the Supreme Court of Virginia or the Court of Appeals. An appellate brief typically includes a statement of the facts of the case, a statement of the issues to be decided, a summary of the lower court’s decision, an argument of points of law, and proposed conclusions of the court with references to relevant legal authority. A brief in Virginia should also include a certificate of service, which is a statement showing that a copy of the brief was provided to the other party. The appellate brief is a key part of the appellate process as it informs the court of the legal and factual arguments the appellant is making in seeking to overturn the lower court’s decision. It is the main way that a lawyer can present their argument to the higher court. The lawyer must make sure that the brief is well written and that all of the relevant legal issues are addressed. The court will base its decision on the appellate briefs and the oral arguments presented by the attorneys.

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