Appellate Practice
Nov. 16, 2020
The respondent’s brief
There are a few things to note specifically about the respondent’s brief.
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
In these columns, I've given a lot of advice on how to write appellate briefs.
I've focused mostly on the appellant's opening brief, because it poses the greatest challenge. Appellate courts reverse less than 20% of the trial court judgments they review, so it's an uphill battle to get them to reverse in your case. And the opening brief is the main vehicle for accomplishing this.
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