APPELLANT’S

BRIEF

Definition:
- An Appellant’s brief is a written argument presented to a higher court
by the party who loses in lower court known as the appellant.

Purpose:
- The brief is used to try to persuade the appellate court to reverse or
modify the lower court’s ruling or to order a retrial or resentencing.

How to Appeal:
-By filing a notice of appeal with the court that rendered the judgment
or final order appealed from. Notice of appeal shall indicate: (a) the
Parties to the appeal; (b) the judgment or final order or part thereon
appealed from; (c) state the material dates showing the timeliness of
appeal.

Period to Appeal:
- Within 15 days after notice to the appellant of the judgment or order
appealed from. When a notice on appeal is required, the appellant shall
file a notice of appeal and a record on appeal within 30 days after notice
of judgment or final order.

Period of Filing Appellant’s Brief
- Appellant must file with the court 7 copies within 45 days from receipt
of notice from the clerk with proof of service of 2 copies thereof upon
the appellee.

Contents of Appellant’s Brief:
(Sec. 13, Rule 44 of Rules of Court)

a.) Subject Index
ü Subject index of the matter in brief
ü A digest of the arguments and page references
ü A table of cases alphabetically arranged, textbooks and statutes
cited with references to the pages they are cites

b.) Assignment of errors
ü Must be made separately, distinctly and concisely stated without
 repetition and should be numbered consecutively to limit the
scope discussion
ü Must be presented with both precise rulings at issue and
applicable laws without the need of further independent
investigation

c.) Statement of the Case
ü The Heading must provide a clear and concise statement of the
nature of action, a summary of the proceedings, the appealed
rulings and other matters necessary to an understanding of the
nature of the controversy, with page references to the record.

d.) Statement of the Facts
ü A clear and concise statement in a narrative form of the facts
admitted by both parties and of those of controversy, together
with the substance of the proof relating thereto in sufficient detail
to make it clearly intelligible, with page references to the record.
ü Must be:
v Accurate
- presumed fair and accurate if the opposing counsel has no
objections
v Clear
v Concise
- statement of facts must be carefully condensed to save
court time and labor, diffuse recital, to make a strong and
lasting impression, and prove convincing in regard to the
soundness of the counsel’s theory of the case.

e.) Statement of issues of Facts or Law
ü Must identify specific, clear and defined issues

f.) Argument
ü Appellant’s arguments in brief on each assignment of error
should have page references to the record.
ü Statement of issues must be supported with reasons and
authorities

g.) Relief
ü Contains the request of the party for the court to grant him
 what he prays

h.) Appendix
ü In cases not brought up by record on appeal, a copy of
judgment or final order appealed from must be appended