Appellate Brief?

Question

What does it mean if the case states that the brief has been received but not filed?

Answer 1

It means it has been served on (received by) the parties involved (usually plaintiff & defendant). But it has not yet been officially filed at the court. Attorneys on both sides may be reviewing it first - not sure why they have not filed it yet.

Answer 2

Appellate regulation is amazingly complicated. 2 significant issues to shop in ideas. In an appellate short, you're surely arguing factors of regulation. The data have already been determined on the trial courtroom aspect. do not try arguing that the data (reality) were honestly diverse than what the trial courtroom determined. for this reason, you're arguments are concentration on both (a million) the choose utilized the incorrect try, or (2) the choose used the right try, yet utilized it incorrect and for this reason the authentic result replaced into incorrect. the actual structure of an appellate short will be defined with the help of the community courtroom, and/or with the help of the state rules. examine each thing you may on the technique. the mandatory structure is as follows. First, you clarify what occurred on the decrease courtroom. What are the data the decrease courtroom determined, and what did the decrease courtroom rule. next, summarize your argument, and state obviously what you're asking this appellate courtroom to do. Then, for each situation/mistakes (i.e. for each ingredient you've self belief the decrease choose did incorrect as a be counted of regulation), you position forth the perfect commonly used of evaluation (back, attainable in various state courtroom web pages), then clarify what the perfect rule/software must be, then tell the appellate choose why it concerns. The very last is significant, because although if the decrease choose were given the regulation incorrect, if the authentic result would not were diverse, then the mistakes may be considered "threat free" and for this reason no longer concern to being overturned. finally, end with a really short precis of your argument (2-4 sentences *maximum*), and repeat obviously your request for what you want the appellate courtroom do to. also, verify the cut-off dates for once you may want to record the quick, and verify word criteria. All of those must be attainable at your community courthouse. sturdy success.

Answer 3

Well, received means just that -- received by whoever it was sent to. That may be received by the court, or received by the other party.

Filed means stamped as received and acknowledged as being in the possession of the court in relation to a particular case or proceeding.

Answer 4

Court date is to be determined.

Answer 5

Arguments have not been sat on as of yet but paperwork has been entered into evidence.