Federal Appellate Brief Template

Cover Page

• Court name (e.g., United States Court of Appeals for the [Circuit] Circuit)
• Case caption with parties and docket number
• Title (e.g., "Brief for Appellant")
• Appeal from [District Court], case number, judge
• Attorney contact information, bar number, counsel of record designation

Certificate of Interested Persons / Corporate Disclosure (if required)

• List all interested parties, affiliates, and counsel as required by Fed. R. App. P. 26.1 and circuit rules.

Table of Contents

• Sections with page numbers

Table of Authorities

• Cases, statutes, regulations, other authorities, record references as required.

Jurisdictional Statement

• Basis for subject matter jurisdiction in district court (e.g., 28 U.S.C. § 1331)
• Appellate jurisdiction (28 U.S.C. § 1291/1292/etc.)
• Timeliness of notice of appeal
• Citation to relevant record references

Statement of the Issues

• Concise issues presented for review, framed with applicable standard of review.

Statement of the Case

• A. Procedural History – Chronological summary with record citations.
• B. Statement of Facts – Relevant facts with citations to appendix/record.
• C. Standard of Review – Specify standard for each issue (de novo, abuse of discretion, clear error) with supporting authority.

Summary of Argument

• Brief overview of key points; roadmap for detailed argument.

Argument

• Organize by issue with headings complying with Fed. R. App. P. 28(a)(9).

Issue I Heading (Question Presented + Conclusion)

1. Standard of Review – Restate and explain.
2. Legal Framework – Statutes, case law, and elements.
3. Application to Facts – Cite record, demonstrate error or support for judgment.
4. Relief Requested for Issue – e.g., reversal, remand, vacatur.

Issue II Heading (if applicable)

• Repeat structure for each additional issue.

Conclusion

• State precise relief sought (reverse, vacate, remand with instructions, affirm).
• Request oral argument if desired and required statement per local rule.

Certificate of Compliance

• Word count certification pursuant to Fed. R. App. P. 32(g)(1).
• Typeface and formatting compliance statement.

Certificate of Service

• Date and method of service (CM/ECF, mail) with recipient list.

Addendum/Statutory Appendix (if required)

• Include relevant statutes, regulations, or orders as mandated by local rules.

Appendix/Record Excerpts

• Table of contents for appendix.
• Key record documents (orders, findings, relevant transcripts, exhibits).

Ensure brief complies with applicable Federal Rules of Appellate Procedure and circuit-specific rules regarding length, formatting, binding, and electronic filing.