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Lawyering Skills III

Master the technical aspects of appellate brief writing, including formatting your brief and inserting a Table of Contents and Table of Authorites.

Federal Appellate Briefs

Having an Appellate Brief sample can be a great tool for your own brief writing. Just remember that even seasoned attorneys can get it wrong, so always check your jurisdiction's rules for formatting, page limits, etc.

Federal Rules of Appellate Procedure

Local Rules of the 8th Circuit

Always be very wary of believing everything you read. With that caveat, here are a few resources for finding sample Federal Appellate Briefs:

Legal Databases

Lexis

  • U.S. Supreme Court Briefs
  • One can locate examples of briefs for both state and federal jurisdictions by choosing "Briefs, Pleadings and Motions" from the Lexis+ content menu.  From there, scroll to locate your jurisdiction. You can narrow your search using the same filters available for other Lexis documents.

Westlaw

  • To access appellate briefs via Westlaw, go to the All Content tab and choose 'Briefs'  the Briefs Multibase "has selected briefs from the U.S. Supreme Court, Courts of Appeals, Court of Appeals for the Armed Forces, U.S. Tax Court, 51 state courts and the District of Columbia."  One can search for briefs by jurisdiction or by topic.
Free Resources
  • US Supreme Court - The official US Supreme Court website lists sources to access court briefs, including a link to the ABA collection of Merits Briefs (not including amici curiae briefs and joint appendices) available through the American Bar Association's Preview of United Supreme Court Cases. These electronic versions are unofficial. The official briefs are printed versions filed with the Court. 
  • RECAP Archive - The Free Law Project is attempting to download all of the opinions and orders that are available on PACER, and make them freely accessible.
  • Office of the Solicitor General - provides access to government briefs filed on behalf of the United States. All briefs filed by the Solicitor General with the Supreme Court on or after July 1, 1998, except for responses to petitions in "in forma pauperis" or "IFP" cases. Selected briefs from 1982-1986. 
  • SCOTUSblog - reports Supreme Court cases and provides links to some decisions and briefs. (September 29, 2002 - present) For a specific term click here.
  • American Bar Association - In their Supreme Court Preview, access to briefs from 2006 to the current term are available.
  • LLRX.com - Features Free and Fee Based Appellate Court Briefs Online
  • Court Records Free Reference and Directory - provides direct links to U.S. trial courts, some of which provide downloadable documents.

State Appellate Briefs

The same advice as above applies to State Court Briefs.  You may need to do a Google search to find what each state has to offer, but the Minnesota State Law Library has a great guide on formatting, samples, and how to find Minnesota State briefs. No need for me to repeat the information, head right there!

Minnesota State Law Library Guide on Minnesota Appellate Practice