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The Sculpting of a Reply Brief

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Drafting an effective reply brief can be the key to winning an appeal. Reply briefs assist in polishing the legal arguments and factual contentions of the parties. Most importantly, the reply briefs offer appellants the important prospect of having the last word in a case. The Appellant must always abstain from filing an ineffective reply.

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The following guidelines can assist you in drafting an effective reply brief that will boost your chances of succeeding in any given case.

Choosing to File:

Reply briefs are optional. First, consider the decision of whether to file a reply brief or not. Always choose to file a reply brief, except in situations where the answering brief bears grave insufficiencies or are plainly incomprehensible. Be careful before deciding to waive the right of filing.


Focus on Arguments of Opposing Counsel:

The focal point of the reply brief must be to respond to opposing counsel’s arguments. You should be straight to the point. If opposing counsel conceded any vital matters in the answering brief or abstained from addressing an issue raised in the opening brief, you can point that out to the court, highlight that fact, or consider arguing waiver.


Keeping Strong Arguments:

The reply brief should emphasize the strength of the case. Concentrate on significant, winnable matters. Enumerate only the essential facts and most important authority supporting your point. Weak arguments undermine your integrity.


Credibility: 

Always address the other side’s arguments fairly. Be completely accurate regarding the facts and records and avoid baseless attacks on the opposite side. Even though a reply brief offers a chance to present unrebutted arguments, there is still a duty to preserve accuracy and fairness. Failure to do so can negatively affect one’s credibility with the court.

 

Theorize the Case:

A reply brief needs to have a theory of the case. The theory should present the court with your client’s basic view of the motion or appeal. It should be a straightforward, uncomplicated, simple, and rational point of view. The reply brief needs to demonstrate a clear and logical analysis of the opposing counsel’s arguments.

 

Keep it Short and Smart:

Court rules typically impose a maximum length of 10 to 20 pages for reply briefs. A short reply brief informs the court that you are certain and convinced about your position. The points made in a short reply brief will get better consideration than those in an oversized brief. Except when dealing with tremendously complex matters or facts, never file an oversized brief in court.


Knowing What You Want:

Many litigants wrap up their briefs without explicitly stating what they want the court to do. A reply brief should always clearly state what the litigant is requesting from the court. Having the last word in a case is a precious prospect for appellants. Appellants should make the most of this chance and present a crisp, concise, and focused reply brief.

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