An Appellate Brief is a party's written argument saying why the circuit court or the jury did or did not make a mistake. It includes why the party filing the brief should win the case. The brief: 

• Describes the facts of the case, 
• Presents the party's argument about the issues on appeal, and 
• Supports those arguments with legal authority. 

What are the types of briefs in a civil appeal?  

The Appellant's Brief is filed first. It is filed by the appellant and presents arguments for why the circuit court's decision should be overturned. 

The Appellee's Brief is filed second. It is filed by the appellee and is optional. The brief outlines why the circuit court's decision was correct.  

The Appellant's Reply Brief is filed third and it is the last brief in the appeal process. It is filed by the appellant only if the Appellee's Brief is filed, and is optional. The brief contains only arguments responding to arguments raised by the appellee. 

What are the rules that apply to writing a brief for my civil appeal? 

Briefs for civil appeals follow very strict rules. This includes deadlines, formatting, page and word limits, and service of the brief on the other party or parties. Failure to follow these rules may result in your brief being stricken or your appeal being dismissed. 

Illinois Supreme Court Rules 341, 342, and 343 cover the specific rules and requirements for appellate briefs. The appellate court where you are filing your appeal may have adopted rules requiring paper or electronic filings. Local Rules regarding paper copies are available on the Illinois Courts' website. You should also speak with your local appellate clerk's office. 

Statewide forms and instructions are available for the Appellant's Brief, Appellee's Brief, and Appellant's Reply Brief. These forms are written in plain language and comply with the Illinois Supreme Court Rules. 

What if I cannot meet the deadline for filing my brief? 

If you need more time to file your brief, you must file a Motion requesting an extension of time. All requests to the appellate court must be done by a motion. This form is filed any time you want to ask the appellate court to take any action. 

Appellant’s Brief 

When is the Appellant's Brief due?  

Generally, the Appellant's Brief must be filed with the clerk of the appellate court no later than 35 days after the Request for Record on Appeal is filed. If the appeal concerns the custody or care of a child, the Appellant's Brief must be filed no later than 21 days after the Request for Record on Appeal is filed. 

What specific rules apply to the Appellant's Brief? 

The Appellant's Brief must be no more than 50 pages or no more than 15,000 words, not including certain sections. It must be in the form specified in Rule 341(a). It must include a proof of service to the other party and a certificate of compliance with Rules 341(a) and (b). The cover of the brief must be white. 

Appellee’s Brief 

When is the Appellee's Brief due? 

Generally, the Appellee's Brief must be filed with the clerk of the appellate court no later than 35 days after the due date of the Appellant’s Brief. If the appeal concerns the custody or care of a child, the Appellee's Brief must be filed no later than 21 days after the due date of the Appellant's Brief. 

Is the Appellee's Brief required? 

No, the appellee does not have to file a response to the Appellant's Brief. If the appellee does not file a brief, the appellate court will make a decision based on the record on appeal, the transcripts, and the Appellant's Brief. The Appellee's Brief may be the appellee's only opportunity to make an argument as to why the circuit court's decision was correct. If the Appellee's Brief is not filed, the appellee may not participate further in the appeal. 

What are the requirements for the Appellee's Brief? 

The Appellee’s Brief must be no more than 50 pages or no more than 15,000 words, not including certain sections. It must be in the form specified in Rule 341(a). 

The Appellee’s Brief must also include a certificate of compliance with Rules 341(a) and (b), as well as a proof of service to the other party. The cover of the appellee’s brief must be light blue. 

Appellant’s Reply Brief 

When is the Appellant's Reply Brief due? 

Generally, the Appellant's Reply Brief must be filed with the clerk of the appellate court no later than 14 days after the due date of the Appellee's Brief. If the appeal concerns the custody or care of a child, the Appellant's Reply Brief must be filed no later than 7 days after the due date of the Appellee's Brief. 

Is the Appellant's Reply Brief required? 

No. If the appellee does not file an Appellee's Brief, the appellant cannot file an Appellant's Reply Brief. Even if the appellee files an Appellee's Brief, the appellant does not have to file an Appellant's Reply Brief. 

What are the requirements for the reply brief? 

The Appellant's Reply Brief must be no more than 20 pages or no more than 6,000 words. It must be in the form specified in Rule 341(a). 

The reply brief must include a certificate of compliance with Rules 341(a) and (b), as well as a proof of delivery to the opposing party. The cover of the reply brief must be light yellow. 

The Appellant's Reply Brief contains only arguments in response to arguments raised by the appellee.