How Do I File an Appellate Court Brief for a Civil Case?

Filing an appellate court brief may require an in-person visit to the Court Clerk's office.

Most appellate courts allow you to file written briefs in hard copies, paper copies or by filing electronically. Each court has specific rules for filing, so you should check the court’s rules for details. Appellate court rules are generally posted on the appellate court’s website or can be obtained from the Appellate Court Clerk’s office in the location of your appeal.

Things You'll Need

• Appellate court rules
• Brief
• Computer, if filing electronically
• Court clerk

Instructions

1. Review the applicable court rules to determine if you can file paper or electronic copies of your brief. Some courts allow either, while others allow one or the other. If the rules are confusing, you can visit or call the Court Clerk to ask questions. Many Court Clerk offices have staff who work primarily with parties who are not represented by lawyers. They may be called “pro se clerks.”

2. Decide how you will file your brief. If you will be filing paper copies of your brief, review the rules carefully. Most courts require an original brief, stamped as the original, as well as copies. Also read the rules to determine if you need to deliver the paper copies in person or if you can mail them to the court.

   If you will be filing your brief electronically, the court rules or the Court Clerk will direct you to the court’s electronic case filing system, also known as ECF or CM/ECF, which can be accessed via the Internet. The ECF system usually has a tutorial to teach you how to file your brief electronically. In addition, many courts have a dedicated help desk to answer any technical questions about the ECF system. The contact information should be on the court’s website.

3. File your brief and follow the rules exactly. The most important thing to remember when filing any document with a court is to read the rules carefully, then re-read the rules, then confirm with the Court Clerk.

Tips & Warnings

• Confirm everything with the Court Clerk. The Court Clerk’s office exists to answer questions. Do not be intimidated. Call them or go see them in person. Tell them you are representing yourself and they will help you.

• If you file incorrectly, your brief will be returned to you. If your filing is not accepted, you may miss an important filing deadline. When you miss any filing deadline, the court can, in its discretion, refuse to allow you to file late.

References

• U.S. Court of Appeals for the District of Columbia: How to File a Brief
• U.S. Court of Appeals for the Second Circuit: Clerk’s Office: How to Use CM/ECF
• Massachusetts Rule of Appellate Procedure: Rule 13 Filing and Service;
• National Center for State Courts: Appellate Court Procedures: Table 2.6 – Requirements for Civil Briefs in Appellate Courts

Resources

• U.S. Courts
• National Center for State Courts