The final brief allowed in the appellate briefing process is the Appellant’s Reply Brief. The brief is optional; however, it is generally good practice to file one. It must be responsive to the Brief of Respondent (the Answer Brief) and may not raise new issues.
The function of the reply brief is narrow. It is not another opportunity to restate the opening brief. Instead, it exists to address what the respondent said about your arguments.
How to Approach the Reply Brief
Begin by carefully reviewing the Brief of Respondent. Mark any place where it appears the respondent misstated the facts or the law. Then draft a brief that addresses those perceived errors.
Another way to structure the reply brief is to respond directly to the numbered arguments made by the respondent. Cite cases that support the legal arguments. Use the facts to distinguish the case being appealed from cases more favorable to the opposing party’s position, or explain why those cases should not be followed.
The reply brief should be focused and corrective rather than repetitive.
Timing
The appellant has the time provided by the appellate rules after service of the Brief of Respondent to file and serve the Appellant’s Reply Brief in the Colorado Court of Appeals.
Because the reply brief is the last submission the court will receive before deciding the case, extensions should not be assumed.
What Must Be Included
The Appellant’s Reply Brief is shorter than the initial briefs. It must include a certification as to form and length and an argument section that cites appropriate legal authority and responds directly to the Answer Brief.
A reply brief should not introduce new arguments or new issues. Courts routinely disregard arguments raised for the first time in a reply brief.
Formatting and Length
The Appellant’s Reply Brief must comply with the formatting and length limits contained in the Colorado Appellate Rules, including requirements regarding font, spacing, margins, and word limits.
Filing
The brief must be filed and served through the Colorado appellate electronic filing system. Represented parties generally file electronically, and service is accomplished through the electronic filing system. Paper filing and service requirements may apply to self-represented litigants who are not participating in electronic filing.
Consult with an appellate attorney regarding your reply brief by calling Alderman Law Firm at 720-588-3529 today.