Law Practice,
Appellate Practice
Nov. 5, 2019
Home field advantage: Making the most of your reply
Just as in baseball, where the home team always gets to bat last, the appellant always gets the last (written) word in the form of the reply brief.
Adam Hofmann
Partner
Hanson Bridgett LLP
Email: ahofmann@hansonbridgett.com
Adam serves as the assistant leader of the firm's appellate practice group.
There can be little doubt that the respondent/appellee enjoys the bulk of benefits on appeal; the standards of review and presumptions largely weigh in favor of affirmance, and so winning in the trial court is statistically the best way to win on appeal. Appellants do enjoy a kind of home field advantage, however. Just as in baseball, where the home team always gets to bat last, the appellant always gets the last (written) word in the form of the reply brief.
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