CHAPTER 5 How to Write a Story in a Brief

• Jurisdiction: United States
• Publication year: 2021

Chapter 5 How to Write a Story in a Brief

Rule 28 of the Federal Rules of Appellate Procedure specifies both the parts of a brief and their order. The parts consist of composed text and fill-out forms. This book discusses only composed text.

The rule 28 list encompasses most composed text required by state appellate rules or customary in good appellate practice. Some local federal rules and state rules require additional composed text, e.g., an explanation of why a case is worthy of oral argument. This book does not discuss them because the appropriate content depends heavily on local practice.

Rule 28 declares the appellant's opening brief must contain, under headings:

• A table of contents.
• A table of authorities, including "cases (alphabetically arranged), statutes, and other authorities."
• A jurisdictional statement, with specified elements essential to determining federal subject matter jurisdiction and appellate jurisdiction.
• A statement of the issues presented for review.
• "[A] concise statement of the case setting out the facts relevant to the issues submitted for review, describing the relevant procedural history, and identifying the rulings presented for review, with appropriate references to the record."
• A summary of the argument, which cannot merely repeat the argument headings.
• The argument, which must include the standard of review for each issue.
• A conclusion, stating exactly the relief the appellant seeks.

This book concentrates heavily on the text of the "concise statement of the case"—even more so on the part usually called the...