Don’t Resist; Check the List
“Things done well,
And with a care, exempt themselves from fear.”
- King Henry VIII, I,2; King Henry
I have developed a checklist over the years to make sure we make no mistakes in the preparation and filing of our briefs. The list used to be much shorter, but as mistakes were made, the list grew longer so that such mistakes would not (hopefully) happen again. For example, I once made a mathematical mistake, and had to file an amended brief, so now the checklist says “check any math.” I also have someone else check my math, because editing your own work, even math, is hard to do.
Some of these items, if discovered at the last minute, cannot be fixed quickly, so make sure you use the checklist at the beginning and throughout your writing process. But whatever you do, employ the checklist at the end, before the brief is filed. Presently, I e-file my briefs with the Tennessee Court of Appeals and Supreme Court, so do NOT use this checklist if you are filing a brief on paper.
Using a checklist will help to ensure that the brief you file is procedurally sound and free of errors. I recommend developing your own checklist from the Rules of Appellate Procedure, the Tennessee Supreme Court Rules, and the Tennessee Rules of the Court of Appeals,
This is the checklist we use:
Brief Checklist for E-Filing – Tennessee
Cover Page
number of case in appellate court
name of court (including COA location, e.g., Nashville, Knoxville, Jackson)
title of the case as it appeared in the trial court, except that the status of each party in the appellate court shall also be indicated (check spelling of names)
nature of proceeding in the appellate court and the name of the court, agency or board below (include case number in lower court)
title of the document (check spelling of names)
name and address of counsel filing the brief
(check spelling, BPR#s, etc.)
*Oral Argument Requested
Table of Contents
Table of Authorities
Statement of the Issues (All issues have to be raised here, including any
request for attorney fees on appeal)
Cross-Appeal Issues (Reply Brief)
Statement of the Case
Statement of the Facts
Argument
Statement of Standard of Review
Conclusion
Subsequent Filing History for Unpublished Cases
Check any Math
Certificate of Compliance
14-point/Century Schoolbook font (including footnotes)
Line spacing at 1.5
Full justification
Pagination – page 1 is cover page
Word count (begin at statement of issues through conclusion)
15,000 words for principal brief
5,000 words for reply brief
Certificate of Service
Appendix
______ Return appellate record
Hold each part of your brief up to the scrutiny of these rules. Resist the temptation to trust your memory that your brief satisfies each of the items on the checklist. Often by the time you get to the checklist, you will be weary of your brief. If you don’t have staff, build more time into the process so you can checklist with fresh eyes.
Your cover page must contain all the necessary elements. For example, someone should make sure the brief cover includes “ORAL ARGUMENT REQUESTED,” or you may end up waiving oral argument in some appellate courts. It might feel redundant, perhaps tedious, or monotonous, but a thorough checklist is absolutely necessary. It could make the difference between victory and defeat in the courts. Start strong and finish strong with a checklist.
