How long do you have to respond to a brief?

Asked by: Dr. Triston Mitchell MD  |  Last update: June 18, 2025
Score: 4.8/5 (68 votes)

Appellee's brief is due 30 days after appellant's brief is served. The reply brief, if any, is due 21 days after service of appellee's brief.

How long should a brief response be?

Reply briefs should be as concise as possible. For counsel who struggle with the concept that brevity is the soul of wit, the Appellate Division and Court of Appeals have a 7,000-word limit for reply briefs (see Rule 1250.8[f][2] and Rule 500.13[c][1])).

What are the rules for reply briefs in California?

The appellant's reply brief is due within 20 days after the respondent files the respondent's brief. A copy of the reply brief should be served to all other parties in the case, the trial court, and the California Supreme Court before it is filed with the Court of Appeal.

What happens after appellant's reply brief?

Next Steps After the Appellant's Reply Brief

All parties who file a brief that the Court of Appeal accepts will have an opportunity to make an oral argument. This is a chance for the parties to talk to the Court of Appeal justices in person and explain the arguments in their briefs.

What is the federal rule for reply brief?

A reply brief must contain a table of contents, with page references, and a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with references to the pages of the reply brief where they are cited.

Outlining a Reply Brief

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What is the rule 35?

Federal Rule of Criminal Procedure 35(b) permits a court, upon the government's motion, to impose a new, reduced sentence that takes into account post-sentencing substantial assistance, and that new sentence may go below the recommended guideline range and any statutory mandatory minimum penalty.

What is the right to reply rule?

The right of reply or right of correction generally means the right to defend oneself against public criticism in the same venue where it was published. In some countries, such as Brazil, it is a legal right or even a constitutional right.

Can you introduce new evidence in a reply brief?

New or non-admitted affidavits, and/or other evidence are not permitted in a reply brief. Any new amendment must be submitted in papers separate from the reply brief, and the entry of such papers is subject to the provisions of 37 CFR 41.33.

What is a brief response?

Answer: A Brief Constructed Response (BCR) is a short paragraph written in response to a reading selection or other content area prompt.

How long to reply to a response in federal court?

Any reply to a response must be filed within 7 days after service of the response. A reply must not present matters that do not relate to the response. (b) Disposition of a Motion for a Procedural Order.

How long do you have to file a respondent's brief in California?

(2) A respondent must serve and file its brief within 30 days after the appellant files its opening brief. (3) An appellant must serve and file its reply brief, if any, within 20 days after the respondent files its brief.

How long can a reply be in California?

No reply or closing memorandum may exceed 10 pages. The page limit does not include the caption page, the notice of motion and motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service.

What is considered a confidential conversation in California?

A communication is considered "confidential" if it's not intended to be overheard by others or if there is a reasonable expectation of confidentiality by any of the parties involved.

How to respond to a brief?

How To: Respond To A Brief
  1. Highlight keywords. Start by reading the brief and properly analysing everything the client is asking you to do. ...
  2. Ask questions. Don't be afraid to ask questions if there's something you don't understand. ...
  3. Plan.

How long should brief answers be?

The Brief Answer is no longer than a moderate length paragraph. More than one BA: the Brief Answers are numbered and stated under the BRIEF ANSWERS heading. More than one BA: the Brief Answers are listed in the same order as the issues in the Questions Presented (and the Discussion section).

How many sentences are brief?

A brief description is a summary of the whole text or whole description. I would say ten short sentences in two paragraphs or six long sentences in a single paragraph format is a brief description.

Is a brief the same as a motion?

Think of the motion as the request by itself. The reasoning for the request (the argument) is a separate document. That is the Brief or, in lieu of the brief, Points and Authorities. Some motions may be governed by specific standards set forth by court rule or statute.

What is the respondent's brief in California court of appeal?

The respondent – who won in the trial court – writes only one brief. The respondent's brief argues that the trial court's decision was correct. Even if the trial court made a legal mistake, the respondent's brief may argue that the mistake did not impact the judgment. The respondent's brief is optional.

What is a brief answer in a legal memo?

A solid brief answer should contain two things: (1) your answer to the question(s) presented; and (2) several sentences that provide legally significant facts in support of your answer. The example below illustrates how these parts work together to form a cohesive and complete brief answer.

Can you bring up new evidence in rebuttals?

New ways of expressing key information regarding existing arguments, and even additional evidence that reiterates an existing point can be perfectly fair and reasonable in a rebuttal, especially when the opposing team has asked for further evidence or explanation, but bringing up an entirely new issue is not ...

What makes a good reply brief?

The overarching goal of an effective reply brief is to boil the factual and legal issues down to their bare essentials, fairly present both side's positions, and—in an ideal world—leave the court wondering why opposing counsel is fighting you over such an obvious issue.

What do you say to introduce evidence in court?

Once you have identified the exhibit and laid a foundation for it, ask the judge to admit the exhibit into evidence. Say: “Your Honor, may plaintiff's/defendant's Exhibit 1/A be admitted into evidence?” If you have not laid a sufficient foundation, the other side may object.

What is the rule 56 reply?

One party, without citing any other materials, may respond or reply that materials cited to dispute or support a fact do not establish the absence or presence of a genuine dispute.

What is the proper way to reply?

After you've considered what was said to you and you've thought about what you want to say, speak clearly and confidently. Don't use vague or contradictory language to try to sound smarter or clever. People appreciate sincerity, so give them a genuine response that shows them that you care and that you understand them.

What is the reply letter rule?

Under the reply-letter doctrine, if someone directs an inquiry to another person and then receives a communication that refers or responds to the initial inquiry, the court may infer that the person who made the responsive communication is the person to whom the original inquiry was directed.