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Briefs

A brief is a written document that explains a party’s legal and factual arguments. This is what the court will read to decide the appeal. For this reason, there are strict rules about the contents and formatting of briefs and their accompaniments.

Relevant Rules

Types of Briefs

In a typical case, the appellant or petitioner files the opening brief; the appellee or respondent files the answering brief; the appellant or petitioner may file an optional reply brief.

Opening Briefs

The appellant or petitioner must file the first brief in the case, called the opening brief. In the opening brief, you must:

  • state the facts of the case

  • tell the court what you want it to do, and

  • provide legal arguments that support your position, and

  • include citations to the excerpts of record or administrative record using these formats. (Pro se litigants do not have to file excerpts of record and instead can simply include citations directly to the record of the lower court or agency.)

The opening brief’s word limit is 14,000 words.

You must file your opening brief by the deadline in the briefing schedule. If you do not file your brief on time or request an extension, the court may dismiss your case without notice.

Pro se litigants may use court’s informal opening brief forms:

Appellant's Informal Opening Brief Form

Pro se litigants: use this form to file an opening brief in your appeal.

Petitioner's Informal Opening Brief Form - Immigration Agency

Pro se litigants: use this form to file an opening brief in your immigration petition for review.

Petitioner's Informal Opening Brief Form - Non-Immigration Agency

Pro se litigants: use this form to file an opening brief in your non-immigration petition for review.

Answering Briefs

To respond to the opening brief, the appellee or respondent files an answering brief. In the answering brief, you must:

  • state the facts of the case if you disagree with the opening brief’s statement

  • tell the court what you want it to do, and

  • provide legal arguments that support your position, and

  • include citations to the excerpts of record (which is comprised of the parts of the record that are relevant to the case) or administrative record using these formats.

The answering brief’s word limit is 14,000 words.

The court does not provide an informal brief form for answering briefs.

Reply Briefs

The appellant or petitioner may file a reply brief to the answering brief but is not required to do so.

A reply brief should explain to the court why you think the opposing side’s arguments are incorrect. A reply brief should not simply restate the arguments in the opening brief or make new arguments. Instead, the reply brief should directly address the opposing arguments made in the opponent’s answering brief.

Like the opening and answering briefs, the reply brief should include citations to the excerpts of record (which is comprised of the parts of the record that are relevant to the case) or administrative record using these formats.

The reply brief’s word limit is 7,000 words.

Pro se litigants may use court’s informal reply brief forms:

Appellant's Informal Reply Brief Form

Pro se litigants: use this form to file a reply brief in your appeal.

Petitioner's Informal Reply Brief Form

Pro se litigants: use this form to file a reply brief in your petition for review.

Cross-Appeal Briefs

In cross-appeal cases, the party filing the first appeal is the appellant/cross-appellee, and the party filing the second (cross) appeal is the appellee/cross-appellant. Each side is allowed to file two briefs, creating a four-brief schedule.

  • First brief on cross-appeal: the principal brief for the lead appeal, normally filed by the appellant/cross-appellee.

    • Word limit is 14,000 words.

  • Second brief on cross-appeal: responds to the first brief for the lead appeal and is also the principal brief for the second appeal, normally filed by the appellee/cross-appellant.

    • Word limit is 16,500 words.

  • Third brief on cross-appeal: is the reply brief for the lead appeal and also responding brief for the second appeal, normally filed by the appellant/cross-appellee.

    • Word limit is 14,000 words.

  • Reply brief on cross-appeal: is the reply brief for the second appeal, normally filed by the appellee/cross-appellant.

    • Word limit is 7,000 words.

Amicus Briefs

A brief by an amicus curiae (Latin for “friend of the court”) provides information or advice to the court by someone who is not a party to the case. Amicus briefs are valuable tools that assist the court in making a fully informed decision by offering additional perspectives, such as pointing out possible societal or legal impacts and often discussing topics not covered in the parties’ briefing.

Amicus Briefs Filed During Initial Briefing

You may file an amicus brief without the court’s permission only if you first receive consent from all parties in the case, or if the brief is by the United States, a federal officer or agency, or a state.

If you do not have consent from the parties and aren’t representing the federal government or a state, you must file a motion to file an amicus brief together with your brief (in separate PDF files).

  • Use the “Amicus Brief by Government or with Consent Submitted for Filing” filing type of you are not required to file a motion.

  • Use the “Amicus Brief and Motion for Leave to File Amicus Brief” filing type if filing the brief with a motion.

  • Your brief is due within 7 days of the file date of the principal brief of the side you are supporting.

  • Your brief is limited to 7,000 words.

  • You must file a Form 34 Disclosure Statement with your brief (attached as a separate PDF) if the amicus is a non-governmental corporation, association, joint venture, partnership, limited liability company, or similar entity.

Amicus Briefs Filed While a Petition for Rehearing is Pending

You must ask the court’s permission to file an amicus brief while a petition for rehearing is pending, regardless of whether the parties consent, unless the brief is by the United States or its officer or agency, or a State, Territory, Commonwealth, or the District of Columbia, or their officers or agencies. File a motion to file an amicus brief together with your brief.

  • Use the “Amicus Brief and Motion for Leave to File Amicus Brief” filing type.

  • Your brief is due within 10 days after the petition or response of the party you are supporting is filed.

  • Your brief is limited to 4,200 words.

  • The motion must be a separate PDF file from the brief.

  • If you are filing a brief by a federal or state government, officer, or agency, use the “Amicus Brief by Government or with Consent Submitted for Filing” filing type without a motion.

  • You must file a Form 34 Disclosure Statement with your brief (attached as a separate PDF) if the amicus is a non-governmental corporation, association, joint venture, partnership, limited liability company, or similar entity.

Amicus Briefs Filed After a Petition for Rehearing is Granted

After the court grants a petition for rehearing, you must ask the court’s permission to file an amicus brief, regardless of whether the parties consent, unless the brief is by the United States or its officer or agency, or a State, Territory, Commonwealth, or the District of Columbia, or their officers or agencies. File a motion to file an amicus brief together with your brief.

  • Use the “Amicus Brief and Motion for Leave to File Amicus Brief” filing type.

  • If you are supporting the petitioning party or neither party, your brief is due within 21 days after the petition for rehearing is granted.

  • If you are supporting the responding party, your brief is due within 35 days after the petition for rehearing is granted.

  • Your brief is limited to 7,000 words.

  • The motion must be a separate PDF file from the brief.

  • If you are filing a brief by a federal or state government, officer, or agency, use the “Amicus Brief by Government or with Consent Submitted for Filing” filing type without a motion.

  • You must file a Form 34 Disclosure Statement with your brief (attached as a separate PDF) if the amicus is a non-governmental corporation, association, joint venture, partnership, limited liability company, or similar entity.

Supplemental Briefs

Supplemental briefs are additional briefs filed after the parties’ initial briefs and can only be filed with the court’s permission.

Supplemental briefs have the same formatting requirements as other briefs, such as font size and line spacing, and must include a table of contents and table of authorities unless the court allows the brief to be filed in letter format.

A brief in letter format, also called a letter brief, should still use the same font size, line spacing, etc. that is required for other briefs, but it does not need a cover page, table of contents, or table of authorities.

Extensions of Time

You can get one automatic extension of up to 30 days for most briefs. This doesn't apply to all case types, so check the rules.

  • If filing electronically, use the “Streamlined Request for Extension of Time to File Brief” filing type.

  • If filing in paper, use Form 13.

If you are ineligible for an automatic extension, you’ll need to file a motion to extend time, explaining why the current due date doesn’t work.

  • If filing electronically, use the “Motion to Extend Time to File Brief” filing type.

  • You may use Form 14 for your motion.

If the court hasn’t decided your motion by your existing due date, plan to file your brief by the new date you requested in your motion. Even if the full extension isn’t granted, the court usually gives some extra time.

Guides and Resources

Last updated May 6, 2026