Law Practice
Jan. 21, 2025
Why are briefs called 'briefs?'
The term "briefs" in appellate courts, once reflecting concise submissions, has evolved into lengthy documents due to the growing complexity of cases and the need for more written arguments, a shift that contrasts with the historical English system where oral arguments were the primary focus.
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.
A good question, no? Appellate courts limit the length of "briefs" to around 14,000 words. That's "brief"???
The answer: it's an historical relic.
Many a year ago, while staying with my English then-girlfriend in a London suburb, I took the train into the city to check out some courts (and yes, I checked out their grass tennis courts too).
I dropped in on the Central Criminal Court (often called "The Old Bail...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In