Indiana Contract

An appellate brief is the legal document that is prepared for the appellate court presenting the legal arguments on appeal.  The initial brief is referred to as the brief of appellant, which fleshes out the arguments as to why the appellant believes that the ruling or decision being appealed is erroneous and why the appellate court should review the same.  The brief in response is the brief of appellee, which provides the arguments as to why the ruling is not erroneous.  The reply brief of appellant addresses arguments presented in the brief of appellee. The brief of appellant is your first opportunity to persuade the appellate court that there was or was not error and that the error was or was not harmful.  Therefore, it is critical that this brief be concise and focus on the issue(s) presented before the appellate court rather than getting wrapped up in emotional and subjective litany, which would only serve to distract from and diminish the arguments presented. 

Pursuant to the Indiana appellate rules, the appellant's brief must be filed no later than 30 days after (i) the date the trial court clerk or administrative agency issues its notice of completion of Clerk's Record if the notice reports that the transcript is complete or that no transcript has been requested; or (ii) in all other cases, the date the trial court clerk or administrative agency issues its notice of completion of the transcript.  See Indiana Rule of Appellate Procedure 45.  The appellee then has 30 days after service of the appellant's brief to file the brief of appellee. The appellant then has 15 days to file the reply brief. The appellant's failure to timely file the appellant's brief may subject the appeal to dismissal.  The appellee's failure to file timely the appellee's brief may result in reversal of the trial court or administrative agency on the appellant's showing of prima facie error.  see (Carolynda Applebury-Todosichuk v. Damian Stevenson).

The appellant's brief in Indiana appeals must have a front and back cover in blue conforming substantially to the form provided for in the Indiana rules of Appellate Procedure.  See Form #App.R. 43-1.  The brief must contain a detailed table of contents and table of authorities.  While the table of contents lists the specific sections of the brief, the table of authorities lists the specific cases, rules, statutes, and any other authorities cited in the brief.  The specific sections in addition to the table of contents and table of authorities that must be contained in the appellant's brief are:

Statement of Supreme Court Jurisdiction - This is required when an appeal is taken directly to the Supreme Court to briefly state why the Supreme Court has jurisdiction to hear the direct appeal.   

Statement of Issues – This describes, concisely and particularly, each issue presented for review.  

Statement of Case – This briefly describes the nature of the case, the course of the proceedings relevant to the issues on appeal, and the disposition of these issues by the trial court or administrative agency, in other words, the manner in which the issues were handled.

Statement of Facts – This describes the facts relevant to the issues on appeal.  The facts must be supported by specific references to the record on appeal, must be stated in accordance with the standard of review appropriate to the judgment or order being appealed, and must be in narrative form, preferrably in a chronological manner.

Summary of Argument – This is a critical portion where you present a summary of the arguments presented in the brief in a succinct, clear, and accurate manner.  

Argument – This is the section that details and fleshes out the arguments and contentions as to why the trial court or administrative agency committed reversible error.  The arguments must be supported by cogent reasoning and by citations to proper authorities.  The argument must include the applicable standard of review and each argument must have an argument heading.  

Conclusion - This must include a precise statement of the relief sought (what you want the appellate court to do) and the signature of the attorney or pro se party. 

Appealed Judgment or Order - The brief must include the opinion, decision, or findings of fact and conclusions relating to the issues on appeal, or in a criminal appeal, a copy of the sentencing order.

Word Count Certificate - An appellant's brief must not exceed 30 pages or 14,000 words.  If the word limit is being used, the appellant must certify that the brief complies with the word limit.

Certificate of Service - This is a certification that service has been made to the appropriate parties, specifying the date and means of service.

The appellee's brief must conform to the same requirements as the appellant's brief, except that it may omit the statement of Supreme Court jurisdiction, statement of issues, statement of the case, and the statement of the facts if the appellee agrees with the statements in the appellant's brief.  

A reply brief filed by the appellant must not raise any new issues.  This brief must contain a table of contents, table of authorities, argument summary, argument, conclusion, word count certificate (if needed), and a certificate of service.

The brief of appellant your first and perhaps only opportunity (if an appellee's brief is not filed or if oral argument is not granted) to state your case.  It is therefore critical to be persuasive, credible, and accurate.