BRIEF

brief,n.1. A written statement setting out the legal contentions of a party in litigation, esp. on appeal; a document prepared by counsel as the basis for arguing a case, consisting of legal and factual arguments and the authorities in support of them. — Also termed legal brief; brief of argument. [Cases: Appeal and Error  756; Criminal Law  1130; Federal Courts  712. C.J.S.

Appeal and Error §§ 607–608, 616–618; Criminal Law § 1688.]

amicus brief.A brief, usu. at the appellate level, prepared and filed by an amicus curiae with

the court’s permission. — Sometimes shortened to amicus.

Anders brief.See ANDERS BRIEF.

appeal brief. 1. See appellate brief. 2.Patents. A patent applicant’s brief to the Board of Patent Appeals and Interferences, arguing that the patent examiner was incorrect in rejecting the application. Cf. EXAMINER’S ANSWER.

appellate brief.A brief submitted to an appeals court; specif., a brief filed by a party to an appeal pending in a court exercising appellate jurisdiction. • The brief may be filed for an individual party or on behalf of two or more parties. — Also termed appeal brief.

“An appellate brief is a written argument in support of or in opposition to the order, decree, or judgment below.” Frederick Bernays Wiener, Briefing and Arguing Federal Appeals 37 (rev. ed.

1967).

Brandeis brief.See BRANDEIS BRIEF.

proof brief.A preliminary appellate brief to be reviewed by the clerk of the court for compliance with applicable rules. • Proof briefs are required by local rules of the U.S. Court of Appeals for the Sixth Circuit. A proof brief in full compliance will be accepted and filed. If not in compliance, it will be returned for corrections to be made, and a deadline will be set for refiling. After all proof briefs have been accepted in a case, a date is set for filing a final brief, which may be modified only to include joint-appendix references, repagination, or updated citations.

reply brief.A brief that responds to issues and arguments raised in the brief previously filed by one’s opponent; esp., a movant’s or appellant’s brief filed to rebut a brief in opposition. See

REBUTTAL(3). [Cases: Appeal and Error  762. C.J.S. Appeal and Error § 619.]

trial brief.Counsel’s written submission, usu. just before trial, outlining the legal issues before

the court and arguing one side’s position. [Cases: Federal Civil Procedure  1951; Trial  18. C.J.S.

Trial §§ 91–92.]

2.English law. A solicitor’s document that abstracts the pleadings and facts to inform a barrister about the case. 3.ABSTRACT OF TITLE. 4.CASE NOTE. — brief,vb.[Blacks Law 8th]