How to Conclude a Brief

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