On this page, you will find some Sample Briefs. There are examples of an Opening Brief to be used by the Appellant (the one bringing the appeal), a Respondent's Brief to be used by the Respondent (the one responding to the appeal), and a Reply Brief. You will find pdf versions with instructions, and fillable forms for you to download to your device and use as possible templates for your own briefs.
These briefs are adapted from the examples in the 4th District Court of Appeal Step-by-Step Guide. Many thanks to Kimberly Stewart, Marsha Amin, and George Schaefer for their assistance in the modification and preparation of these sample briefs.
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Here are sample instructional and modifiable versions of an Appellant's Opening Brief. You can save the modifiable version to your device to create your own brief.
IMPORTANT NOTE: If filed in paper form, the cover on Appellant's Opening Brief should be GREEN pursuant to California Rule of Court 8.40.
Here are sample instructional and modifiable versions of a Respondent's Brief. You can save the modifiable version to your device to create your own brief.
IMPORTANT NOTE: If filed in paper form, the cover on Respondent's Brief should be YELLOW pursuant to California Rule of Court 8.40.
Here are sample instructional and modifiable versions of an Appellant's Reply Brief. You can save the modifiable version to your device to create your own brief.
IMPORTANT NOTE: If filed in paper form, the cover on Appellant's Reply Brief should be TAN pursuant to California Rule of Court 8.40.
If no reporter's transcript exists, you may be able to petition the Court to use a Settled Statement instead. See California Rules of Court 8.137. The settled statement has certain requirements as explained in the Rules of Court.
Here are samples and modifiable versions of Notice of Motion for Order for Settled Statement and Appellants Proposed Settle Statement. Follow the Rules of Court and make certain you meet the requirements.
Click here for "12 Tips for Writing An Effective Appellate Brief" from the California Lawyers Association.
You will want to be familiar with the Rules of Court which govern the content and form of your brief.
Should you identify a case in the California Court of Appeals that is helpful to your argument, the Law Library may be able to assist you in pulling the briefs filed in that case. This may assist in streamlining your research as many cases and codes pertinent to your case may be already listed in the brief. Ask a reference librarian for details and recommendations on how to locate similar cases and the appellate briefs.
See our guide on California Briefs Collection.