11. DRAFTING APPELLATE BRIEFS

I. THE APPELLATE PROCESS IN GENERAL (MARYLAND VERSION)

1. The process described here applies to appeals from a Maryland Circuit Court decision to the Court of Special Appeals of Maryland ("CSA"). Appeals from a District Court decision to the Circuit Court have different, and more relaxed, requirements. See Md. Rule 7-102, et seq. Appeals from the CSA to the Maryland Court of Appeals are similar, but not identical, to the processes described here. See Md. Rule 8-101, et seq.

2. Within 30 days after receiving an appealable, final decision in the Circuit Court (see Md. Rule 8-202), one must file with the CIRCUIT COURT a "Notice of Appeal" and pay the requisite filing fee. Md. Rule 8-201. The CSA will then docket your appeal and assign it an appeal number. Md. Rule 8-421.

3. The CSA will then determine whether your case is amenable to alternative dispute resolution ("ADR"). Md Rule 8-206.

4a. After the ADR process, you will need to order a transcript of appealed proceeding from the Circuit Court. Md. Rule 8-411.

4b. Also after the ADR process, the Circuit Court clerk has 60 days to send the RECORD to the CSA. Md. Rule 8-412.

5. Briefs (along with an attached RECORD EXTRACT) must be filed within 40 days after the Clerk sends notice that the record has been filed by the Circuit Court.

6. CLICK HERE for The CSA's guide to filing briefs

II. REQUIREMENTS FOR AN APPELLATE BRIEF

1. Important (non-content-related) formatting issues

a. The appellant's brief must have a YELLOW cover. Md. Rule 8-503.

b. Md. Rule 8-503 requires that the cover page shall contain:

(1) the name of the appellate court,

(2) the caption of the case on appeal,

(3) the case number on appeal,

(4) the name, address, telephone number, and e-mail address, if available, of the person filing the brief, and

(5) the name the trial court and each judge of that court whose ruling is at issue in the appeal.

c. Md. Rule 8-112 requires that:

(1) the brief shall be typed in a standard 13-point font,

(2) the brief shall have 1.5 spacing between lines, and

(3) the margins shall be 1-inch on all sides of the brief.

2. Contents of the brief. The contents of the brief must comply with Md. Rule 8-504. This rule requires that the brief contain the following sections in the order specified below:

a. a table of contents;

b. a table of citations of cases, constitutional provisions, statutes, ordinances, rules, and regulations, with cases alphabetically arranged;

c. a brief statement of the case, indicating the nature of the case, the course of the proceedings, and the disposition in the lower court;

d. a statement of the questions presented, separately numbered, indicating the legal propositions involved and the questions of fact at issue expressed in the terms and circumstances of the case without unnecessary detail;

e. a concise statement of the facts material to a determination of the questions presented. (Reference shall be made to the pages of the record extract supporting the assertions.);

f. a concise statement of the applicable standard of review for each issue, which may appear in the discussion of the issue or under a separate heading placed before the argument;

g. argument in support of the party's position on each issue;

h. a short conclusion stating the precise relief sought;

i. the full text of all cited laws and rules; and,

j. on the last page, the font used and the type size in points.

3. PROJECT NOTES: Your classroom brief must be at least 5 pages in length (as measured from Sections "c" through "h", above). NOTE: your brief must include ALL of the sections designated above, but only sections c through h count toward your page total.

III. TEMPLATES AND RESOURCES

1. CSA's guide to self-representation (includes a SAMPLE BRIEF)

2. Rippie brief

3. Example of an appellant's brief

4. Government's brief in the Apple terrorist case