Appellate briefs include a jurisdictional statement, statement of issues, statement of the case, summary of argument, argument with record citations, and conclusion. Format, length, and content requirements are governed by rule.
Standard of review must be stated for each issue.
Alternative Names:
Brief on Appeal, Opening Brief
Why it Matters?
Stating the standard of review for each issue is both required and strategically important, since an issue reviewed de novo presents a materially better prospect than one reviewed for abuse of discretion. Framing an evidentiary ruling as a legal error rather than a discretionary call changes the applicable standard where the framing is accurate. Issue selection matters more than issue count, since raising many weak issues dilutes the strong ones.
Frequently Confused with
Related terms
Frequently asked questions
Why does the standard of review matter?
Does raising more issues help?
