How to Conclude a Brief

13 Pages Posted: 27 Dec 2021 Last revised: 28 Feb 2023

See all articles by Brian Wolfman

Brian Wolfman

Georgetown University Law Center

Date Written: December 22, 2021

Abstract

This essay discusses the "conclusion" section of an appellate brief and its relationship to problems of argument ordering in multi-issue appeals. The essay first reviews the relevant federal appellate rules--Federal Rule of Appellate Procedure 28(a)(9) and Supreme Court Rule 24.1(j)--and explains the author's preference for short, precise, remedy-oriented conclusions, shorn of repetitive argument. It illustrates these points with examples from recently filed appellate briefs. The essay then turns to problems of argument ordering in multi-issue appellate briefs, with an emphasis on ending with a bang not a whimper, while sticking with the short, non-argumentative conclusion. The argument-ordering discussion is also illustrated with examples from real-life briefs.

Keywords: appeal, appellate litigation, Federal Rules of Appellate Procedure, Supreme Court Rules, conclusion, brief, brief writing, brevity, relief, litigation, remedy

JEL Classification: K40, K41

Suggested Citation

Wolfman, Brian, How to Conclude a Brief (December 22, 2021). Available at SSRN: https://ssrn.com/abstract=3992861 or http://dx.doi.org/10.2139/ssrn.3992861

Brian Wolfman (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

HOME PAGE: http://www.law.georgetown.edu/faculty/brian-wolfman/

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