Microsoft Word 7.1 RBRF Inst.docx

Transcript

1 Step 6 : Reply Brief as the Appellant Purpose: 1. This is your opportunity to counter the arguments that the Appellee made in the Answer Brief. You may not raise new i ssues in the Reply Brief . Filing a Reply Brief is optional — you are not required to file one if you believe it is not necessary to respond to the arguments in the Answer Brief. 2. Deadline 21 days after : If you want to file a Reply Brief, it must be filed w ithin Answer Brief. If an Answer Brief is not filed, then you may Appellee files the the not file a Reply Brief. 3. F ormatting: Please adhere to the formatting guidelines in Colorado Appellate point font size, double line spacin Rule (C.A.R.) 32, including using a 14 - g, Bookman, Garamond, or Times New Roman font, and printing on only one side of the page. . 4. Filling out the Brief: You may use the following Reply Brief Outline st Case Caption (in the boxes on the 1 Page) in the District Court. Fill in the parties n ames in the order they appeared The ’ Appellant is the person who filed the appeal. The Appellee is the person responding to the appeal . Title the document “ Reply Brief . ” Certificate of Compliance State how many words are in your Reply Brief. Your Brief may not be more than 5,700 words, or 18 pages if you hand write the document. Body of the Form Include the following sections Reply in your Brief ( Read C.A.R. 28 for more information ) : a. Table of Contents : List the required sections of the Reply Brief, and on which page they appear . The required sections are: Table of Authorities, A rgument , and R esponse to Attorney F ee Request (if applicable) . court cases (in alphabetical order), the b. Table of Authorities : This section list s other sources that you reference in your and statutes (in numerical order), l 1 y Brief Instructions Rep Last Revised: September 2016.

2 Reply I nclude the page number( s ) where those sources are referenced in Brief. your Brief. Argument : This is your opportunity to counter the arguments raised in the c. to Answer Brief. any law or ite to facts in the Record on Appeal to support C your argument. d. Response to Attorney Fee Request : If the Answer Brief contained a request for attorney fees , respond to that request by explaining why the Appellee should not be awarded attorney fees . e. Sign and d ate your Reply Brief . Certificate of Service You must send a copy of the Reply Brief to each party’s attorney or directly to Certify the date that you sent the a party who does not have an attorney. Reply Brief and how service was made (by mail or in - person). List the address you used for each party or attorney in the case. F iling : You must file your Reply Brief in the Court of Appeals . You may file in - 5. person or by be aware that post - marked dates do not mail. If you file by mail, count toward the filing deadline. The address for the Court of Appeals is: th 2 East 14 Avenue Denver, CO 80203 Do not send a copy the Reply Brief to the District Court. of rado Appellate Rule (C.A.R.) 28, 31 Be Sure to Read 6. Colo , and 32. You may view : these and other court rules at: http://www.lexisnexis.com/hottopics/colorado/ Appeal Steps : : Notice of Appeal - Start of the appeal. Step 1 . Packing list of documents - Designation of Record Step 2 : l 2 y Brief Instructions Rep Last Revised: September 2016.

3 Record on Appeal - Case file, exhibits and transcripts. : Step 3 Step 4 : Opening Brief - Written arguments for the appeal. Step 5 : Answer Brief - Written response to the appeal. - Reply Brief Written response to the Answer Brief. Step 6 : : Opinion - The Court of Appeals’ decision. Step 7 Next Step Step 7 : Opinion – The Court of Appeals will issue an opinion deciding the appeal 3 to 6 months after the last Brief wa s filed. g enerally within l 3 y Brief Instructions Rep Last Revised: September 2016.

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