Appellate Practice
Dec. 2, 2025
Conclusions about conclusions: How to end appellate briefs effectively without overdoing it
Effective appellate brief conclusions should be short, precise and relief-focused, balancing the functional purpose of stating the exact relief sought with the optional persuasive opportunity to leave a memorable final impression.
Benjamin G. Shatz
Partner
Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law, and member of the California and American Academies of Appellate Lawyers, in Manatt's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
Welcome to December, the end of the year. Now's an apt time to ponder conclusions.
In federal appellate courts, opening briefs must end with "a short conclusion stating the precise relief sought." Fed. R. App. Proc. 28(a)(9); Sup. Ct. R. 24.1(j) ("[a] conclusion specifying with particularity the relief the party seeks"). Interestingly, an appellee's answering brief need not have a conclusion. FRAP 28(b). And a reply brief can end without a conclus...
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