[This document is intended for illustrative purposes only.

You must draft your own

“Appellate Brief” using the facts and laws of your case and procedural rules for your
appellate court. Remove or edit all information in brackets before filing. ]

IN THE_______________COURT
[Describe the Appellate court in bold capital letters (i.e. name of the court, state, division, etc. ]


 Appellate Case No: ________________________

Lower Tribunal Case No: ___________________

[NAME OF PERSON APPEALING THE CASE],

APPELLANT,
v.
[NAME OF PERSON OR PARTY WHO WON IN THE LOWER COURT],

APPELLEE.

APPELLANT’S INITIAL BRIEF

[Name of Person Appealing the case]

[Address of Person Appealing the case. This can go over several lines.]
[Phone Number of Person Appealing the case]
[Alternate Number (if needed) of Person Appealing the case]
[E-mail address of Person Appealing the case]

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[A Table of Contents is usually optional. If included, it should list all major sections of your
brief.]

TABLE OF CONTENTS
[Below are sample sections of an appellate brief. Take note of font size and type.]

TABLE OF AUTHORITIES

STATEMENT OF THE CASE AND FACTS

SUMMARY OF ARGUMENTS

ARGUMENTS

I. FIRST POINT…

A. Heading for 1st major section in first point…

B. Heading for 2nd major section in first point...

II. SECOND POINT…

A. Heading for 1st major section in second point…

B. Heading for 2nd major section in second point...

III. OTHER POINTS AS NEEDED...

CONCLUSION

CERTIFICATE OF COMPLIANCE

CERTIFICATE OF SERVICE

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 STATEMENT OF THE CASE AND FACTS
[List the order(s) you’re appealing and the facts of the case. How did the case get to this
point? This section should be a basic telling of facts that both parties agree on. Each fact
must be supported by and point to the record. If a fact is not supported by the record,
exclude it.]

This is an appeal of [State the order you’re appealing].

Factual History: [Briefly list a fact in the case][(Point to the fact in the

record)]. [Continue until all pertinent facts are included.]

Procedural History: [List in chronological order the motions, filings,

and orders that brought the case to the appellate court (i.e. complaint, motion

to dismiss, order denying a dismissal, etc.)][(State each pertinent procedural

fact in the record)]. [Continue until all pertinent facts are included.]

SUMMARY OF ARGUMENT

[This section should be written after the arguments in the next section are complete. Once

that’s done, summarize the argument(s) you plan to make.]

ARGUMENTS

[Organize this section based on errors you feel the court made. In headings, state the error
and why it is unsupported by law. Then, go on to demonstrate why the decision was error by
stating the law(s), then the fact, then your argument. Interweave law into the argument.]

I. FIRST ERROR…

A. Heading for 1st Point in the 1st ERROR…

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 [State the specific law that applies and that supports

your contention that the lower court judge erred].

[Then, argue your case by weaving in law and facts].

B. Heading for 2nd Point in the 1st ERROR…

[State the law].

[Argue your case].

C. Heading...[continue as needed].

II. SECOND ERROR…

A. Heading for 1st Point in the 2nd ERROR…

[State the law].

[Argue your case].

B. Heading...[continue as needed].

III. OTHER ERRORS AS NEEDED...

CONCLUSION

[This section should be brief and state the most important things you want to leave

in the judges’ mind.]

CERTIFICATE OF COMPLIANCE
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[This section is based on Florida rules. It may not be necessary. Check with the rules of

appellate procedure for your jurisdiction.]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that, on this ______ day of __________,

20______, a copy of the foregoing was [State how the court and litigants were
notified of the motion (i.e. U.S. Postal service, e-mail, hand delivered, etc.)]to:

[Plaintiff’s Name and address if pro se]

[Plaintiff’s Lawyer’s name and address if represented by an attorney]

___________________[Your Signature]
[Your Name]
[Address]
[phone and or e-mail address]

[Attach exhibits starting with Exhibit A.]

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 Exhibit A
[Add other exhibits as necessary]