Opening Brief (Appellant’s Brief)

When the opening brief is used

Timing: after the record on appeal is filed. In the federal courts of appeals the brief is due within 40 days, unless a local rule or court order sets a different time. Appeals follow a final judgment in most cases. The Federal Rules of Appellate Procedure govern this stage.

What the rule requires

• The appellant must serve and file a brief within 40 days after the record is filed (Fed. R. App. P. 31(a)(1)). A court of appeals may shorten the time by local rule or by order in a particular case (Fed. R. App. P. 31(a)(2)).
• The appellant's brief must contain, under appropriate headings and in the order indicated: a disclosure statement if required by Rule 26.1; a table of contents; a table of authorities; a jurisdictional statement; a statement of the issues presented for review; a concise statement of the case; a summary of the argument; the argument; a short conclusion stating the precise relief sought; and the certificate of compliance, if required by Rule 32(g)(1) (Fed. R. App. P. 28(a)).

More rules for the opening brief

• The argument must contain the appellant's contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies, and for each issue a concise statement of the applicable standard of review (Fed. R. App. P. 28(a)(8)).
• A principal brief is acceptable if it contains no more than 13,000 words, or uses a monospaced face and contains no more than 1,300 lines of text (Fed. R. App. P. 32(a)(7)(B)). Circuit rules may add requirements.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. App. P. 28(a), 31(a), 32(a)(7) online. Also, the federal judiciary publishes the current rules and recent amendments.

The opening brief in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar opening brief procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Brief: a written legal argument submitted to a court.

Related procedures

Similarly, these procedures often come up alongside it:

• Notice of Appeal: the filing that starts an appeal from a federal district court to a court of appeals.
• Request for Transcript (Appeal): the appellant's order to the court reporter for a transcript of the parts of the proceedings needed for the appeal.
• Reply (Reply Brief or Reply to an Answer): the moving party's or appellant's answer to the other side's response or opposition, limited to the points raised there. In pleadings, a "reply to an answer" is allowed only if the court orders one.
• Response (to a Motion or Petition): a written answer to a motion, petition or order, stating whether the responding party agrees, opposes or proposes something different, and why. In district courts a response to a motion is usually called an opposition; on appeal the appellee's answering brief responds to the opening brief.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on opening brief (appellant’s brief). In states that number their rules like the federal rules, it is often the same rule number as the federal rule.