Step 3: Arguments for the Appeal

Submitted by [user:field_first_name]
  • What do I File?
    • You will make your written arguments in a document called an "Opening Brief."
  • When is the Brief Due?
    • Within 21 days of the Record on Appeal being certified. The court will send you a notice in the mail when the record is certified.
  • With Whom do I give a Copy?
    • File your brief into the District Court. Give a copy to the city attorney. DO NOT file a copy into your Municipal Court case.
  • What Goes in an Opening Brief? Include the following sections in your Opening Brief:
    • Issues on Appeal - List out the legal questions or legal problems you want the District Court to answer or resolve. These are the mistakes you believe the City Court made. Examples:
      1. Whether a finding that the Defendant breached the contract was in error?
      2. Whether the damages awarded in the case was excessive and an abuse of discretion?
    • Facts - Include the facts from your case that the District Court will need to know to resolve your Issues on Appeal. Cite to the page in the Record on Appeal where that fact may be found. For example:
      • Cinderella lost her shoe on the way out of the ball. Record p. 5. She testified in court that she only lost her shoe that one time. Transcript p. 12 lines 7-15.
    • Discussion - Discuss the law affecting each issue you raise. Then apply the facts of your case to the law to reach your conclusion. Discuss how the City Court's decision was unacceptable. State what you want the District Court to do with your case. 

Argument Forms

Opening Brief (DOCX) (25.7 KB)

How to Get More Help

Appeals are hard. Click the Contact Options link below to get help. On that screen, go into the Sherlocks section to find self-help staff to answer your procedural or forms questions. Find a time to get legal information or advice in the clinic or events calendar sections. Or, find a free or moderate fee lawyer in the Find a Lawyer section.

Contact Options