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This document contains the legal arguments and procedural background regarding the appeal of a DUI case involving Appellee Sperlin Smiley and Appellant State of Georgia, focusing on the issue of Full

How to fill out brief of appellee

How to fill out Brief of Appellee

1. Begin with the title page: Include the case name, court name, and case number.
2. Prepare a table of contents for easy navigation.
3. State the facts of the case: Summarize relevant facts in a clear and concise manner.
4. Present the procedural history: Outline how the case has progressed in the lower court.
5. Formulate the legal issues: Identify the specific issues being appealed.
6. Provide argumentation: Clearly delineate your arguments supporting the lower court’s decision.
7. Cite relevant statutes and case law: Reference legal precedents and laws applicable to the case.
8. Include a conclusion: Summarize your main points and request the court to affirm the lower court's decision.
9. Add an appendix if necessary: Include important documents that support your brief.

Who needs Brief of Appellee?

1. The appellee who is defending the lower court's decision in an appellate court.
2. Attorneys representing clients involved in an appeal.
3. Legal professionals seeking to understand the appellate process.
4. Anyone involved in a case where an opposing party has filed a notice of appeal.

People Also Ask about

Is Appellee defendant or plaintiff?

In the trial court, the first name listed is the plaintiff, the party bringing the suit. The name following the "v" is the defendant. If the case is appealed, the name of the petitioner (appellant) is usually listed first, and the name of the respondent (appellee) is listed second.

What is the rule 52.10 in Texas?

Parties to mandamus proceedings often seek emergency relief during the pendency of the mandamus proceeding. Rule 52.10 allows the appellate court to give temporary relief pending its action on the mandamus petition itself.

What happens if Appellee does not file brief Texas?

This means — in the absence of an Appellee's Brief–it is more likely the trial court's decision will be reversed. This means the appellee who won in the trial court, just lost. Thus, in most cases, in consultation with appellate counsel, most litigants determine they should file an Appellee's Brief.

What is the meaning of appellee?

Appellee is the party against whom the appeal is filed and responds to and defends the appeal. The appellee is also referred to as the respondent . In contrast, the appellant is the party who appeals a lower court 's judgment or order to a higher court.

What is the deadline to file an appellant brief in Texas?

The appellant's brief is due no later than thirty days-twenty days in an accelerated appeal -- after the date the record is filed with the Court. The appellee/cross-appellant's brief is due no later than thirty days -- twenty days in an accelerated appeal -- after the date the appellant's brief is filed.

How many days after the record is filed must the appellant file and serve their brief?

Briefs. (1) The appellant must serve and file an appellant's opening brief within 30 days after the record is filed in the appellate division. (2) Any respondent's brief must be served and filed within 30 days after the appellant files its opening brief.

What happens if an appellee does not file a brief in Texas?

This means — in the absence of an Appellee's Brief–it is more likely the trial court's decision will be reversed. This means the appellee who won in the trial court, just lost. Thus, in most cases, in consultation with appellate counsel, most litigants determine they should file an Appellee's Brief.

What is an appellee's brief?

An appellee brief is filed by the party that won the case originally and argues that the decision should remain. The ultimate objective is to convince the court to reconsider and potentially reverse the initial verdict.

For pdfFiller’s FAQs

What is Brief of Appellee?

A Brief of Appellee is a legal document filed in an appellate court by the party who won in the lower court, known as the appellee. It outlines the appellee's arguments for affirming the lower court's decision.

Who is required to file Brief of Appellee?

The appellee, or the party that prevailed in the trial court, is required to file a Brief of Appellee in response to the appellant's brief.

How to fill out Brief of Appellee?

To fill out a Brief of Appellee, include the case caption, table of contents, statement of the case, summary of the facts, legal arguments supporting the lower court's decision, and a conclusion affirming the decision.

What is the purpose of Brief of Appellee?

The purpose of a Brief of Appellee is to present legal arguments and support for maintaining the lower court's ruling against the appellant's claims.

What information must be reported on Brief of Appellee?

The Brief of Appellee must report case information such as the case name and number, details of the lower court's decision, relevant facts, legal arguments, and citations to legal authority.