initial assignment brief

• Astros, Jason Heyward Agree To Deal
• Pirates To Move Oneil Cruz To Center Field
• Blake Snell, Jordan Montgomery Discuss Relationship With Scott Boras
• Nationals Promote Dylan Crews
• Cardinals Place Willson Contreras On 15-Day IL Due To Finger Fracture
• Giants, Matt Chapman Have “Had Conversations” About Potential Extension
• Hoops Rumors
• Pro Football Rumors
• Pro Hockey Rumors

MLB Trade Rumors

Rays Outright Rob Brantly

By Mark Polishuk | August 27, 2024 at 6:47pm CDT

August 27: Brantly cleared waivers and was outrighted back to Triple-A Durham, per the MLB.com transaction log . It isn’t clear whether he’ll elect free agency or rejoin the Bulls for the rest of the season.

August 24: The Rays announced that catcher Rob Brantly was designated for assignment.  Catcher Ben Rortvedt was activated from the team’s family emergency list in the corresponding move, and Rortvedt will resume his usual share of the catching duties with Alex Jackson .  Rortvedt was initially placed the paternity list last week, but Bally Sports’ Tricia Whitaker reported ( via X ) that Rortvedt was moved to the family emergency list in order to spend a bit of extra time with the newborn baby.

Brantly’s minor league contract was selected to Tampa’s roster at the time of Rortvedt’s departure, and Brantly’s brief stint with the Rays saw him make nine plate appearances over three games.  It marked his first Major League playing time since he appeared in a single game with the Yankees during the 2022 season.

A third-round pick for the Tigers in the 2010 draft, Brantly was traded to the Marlins in July 2012 and he appeared in 98 games with 356 PA for Miami over the 2012-13 seasons.  That initial dose of playing time remains the bulk of Brantly’s MLB resume, as he has since received 109 PA in 39 games spread over seven different seasons, while bouncing around the league as catching depth.  Tampa Bay signed Brantly to a minor league contract this past offseason, making the Rays the 12th different organization Brantly has been part of since the start of his pro career (plus he has been with the White Sox on two separate occasions).

This journeyman career has included multiple outright assignments, so if Brantly clears waivers and the Rays outright him to Triple-A, the 35-year-old has the right to reject that assignment in favor of free agency.  Brantly’s reputation as a solid defender who works well with pitchers could earn him interest from yet another club in free agency or on the waiver wire, or Brantly might just opt to remain with the Rays at the Triple-A level.

23 Comments

Does Alex Jackson have compromising pictures of someone in Tampa?

Right. Did he really do any worse than Jackson? My guess is he’s sent back to Durham, then becomes the 3rd catcher/bullpen catcher after September 1st. Will make a fantastic coach if that’s what he wants to do according to things I’ve read, heard, and seen.

Dude’s like Santa Claus. He comes around once a year.

Like, from 1998?

Huh? Their first season was in 1998, 26 years ago. No one from last century is still playing on any team.

If I was a paying member of this website I would cancel my subscription, because they clearly don’t care when trolls like MickeyTheMod ruin the experience for everyone else.

MickeyTheMod is just looking for ways to annoy people for his own entertainment. Probably best to mute him if you find him annoying.

This site has turned into craigslist. Decent honest people getting trolled by people with no lives and no friends.

Man,if only there was a button you could hit so that you wouldn’t see any of an annoying person’s posts…

I’m going to guess that you mean not one Ray from Opening Day 2024 is still on the active roster but maybe you are just trolling.

But that’s not true, so…

Hey, maybe the Giants can claim Brantly and keep the catching carousel going while Bailey is on the IL.

I for one am shocked to find out that Wade Boggs at 66 no longer plays for the Tampa Bay Devil Rays or the Tampa Bay Rays.

I think Brantly accepts the assignment back to Durham. He’s Durham’s third catcher and has only started 18 games at catcher and about 45 overall (the rest at 1B/DH). He seems like the type who could become a bullpen coach or a low minors manager when he stops playing. Parts of 12 seasons at AAA, you really have to love the game.

the same bait only works in a lake until all the fish have bit. hope you have a some backup lures as you troll…

Change your user name, eh? Did you get banned for trolling?

Why are guys like Jackson, DeLuca, and Walls getting starts, let alone in the majors? Kinda sad this team was hanging around .500 for quite a while but don’t really care enough to put their best players on the field.

Because they’re cheap and have ‘good defense’. Jake Mangum is mashing in the minors but we don’t care because Siri and Walls and DeLuca all have better defense but can’t hit a beach ball.

Expected. But to be honest, him and Jackson are interchangeable. I’m hoping for a fire sale or DFA frenzy after this year. Rays have no hope except pitching and Caminero and some guys early in the minors.

19 hours ago

I feel like it’s 2014 seeing this post

He must have accepted the trip back to Durham, because he’s in uniform, just warmed up the pitcher, and is in the dugout. My guess is that when rosters expand on the 1st, he may be called back. His hit profile, even with his 1-9 effort, was much better than Jackson’s has been all year. If he’d only hit from the right side, he would have taken Jackson’s spot earlier…

15 hours ago

The same Rob Brantley that was part of the Miguel Cabrara trade? Interesting, didn’t think anyone from that trade was still playing baseball.

Leave a Reply Cancel reply

Please login to leave a reply.

Log in Register

• Feeds by Team
• Commenting Policy
• Privacy Policy

MLB Trade Rumors is not affiliated with Major League Baseball, MLB or MLB.com

Username or Email Address

Remember Me

Get the Reddit app

Community for current and past members of the US Air Force.

Assignment Swap!

Overseas returnee listing just closed and I received my top pick! However, I’m curious to know what else is out there. During my initial assignment brief, the below info was provided.

“CONUS Assignment Swap Program

The CONUS assignment SWAP program allows overseas returnees in the grade of TSgt and below to swap assignments with other airmen returning to the CONUS. To be eligible for this program, the DEROS of both members must be in the same overseas returnee cycle. Your grade or projected grade and control AFC must be the same as the member you'd like to swap with. If either assignment requires a special experience identifier (SEl), both members must possess it. Individuals selected for a selectively manned activity are not eligible to apply. If interested you must request an assignment SWAP immediately after receiving your assignment. This is done through your military personnel section. Once you provide the bases, locales, states, or areas you are interested in, the military personnel section will update them into the personnel data system. At AFPC, your request is included into a computer search that is accomplished in an effort to match your request with other airmen who desire a SWAP. Remember, to be approved, everything must match up between you and the other member. You will be notified of approval or disapproval approximately 60 days before your DEROS.”

Has anyone gone through the process personally or have insight on the expectations? If I elect to enroll in the assignment swap program, will I keep my current assignment until I’m approved/disapproved or will I be left in the dark until 60 days prior to my DEROS? Also, how many bases are we authorized to list?

Any guidance is appreciated- thank you!

By continuing, you agree to our User Agreement and acknowledge that you understand the Privacy Policy .

Enter the 6-digit code from your authenticator app

You’ve set up two-factor authentication for this account.

Enter a 6-digit backup code

Create your username and password.

Reddit is anonymous, so your username is what you’ll go by here. Choose wisely—because once you get a name, you can’t change it.

Reset your password

Enter your email address or username and we’ll send you a link to reset your password

Check your inbox

An email with a link to reset your password was sent to the email address associated with your account

Choose a Reddit account to continue

Attention! Your ePaper is waiting for publication!

By publishing your document, the content will be optimally indexed by Google via AI and sorted into the right category for over 500 million ePaper readers on YUMPU.

This will ensure high visibility and many readers!

Your ePaper is now published and live on YUMPU!

You can find your publication here:

Share your interactive ePaper on all platforms and on your website with our embed function

Assignment Notification Procedures

• notification
• www.jber.af.mil

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

• More documents
• Recommendations

Personnel Services Delivery Guide 5 August 2011 1 INTRODUCTION ASSIGNMENT NOTIFICATION The virtual automated <strong>Assignment</strong> <strong>Notification</strong> process replaces the manual <strong>Assignment</strong> <strong>Notification</strong> Report on Individual Personnel (RIP) process and unless otherwise stated, is mandatory for Regular Air Force enlisted personnel in all grades (excluding basic trainees and pipeline students), and officers in the grades of lieutenant colonel and below (excluding officers selected for colonel). Those exempt from the automated assignment notification procedures will follow the manual assignment notification procedures in Section B of this guide. The process begins when AFPC updates an assignment in the Military Personnel Data System (MilPDS). This action triggers the virtual Military Personnel Flight (vMPF) to send an e-mail to the Airman’s e-mail for life (E4L) address (us.af.mil) listed in MilPDS and any e-mail address listed in vMPF. The e-mail notification instructs Airmen of the assignment selection (without assignment details) and notifies them to access the vMPF within seven calendar days to acknowledge receipt. Upon accessing the vMPF, the Airman is automatically directed to the official assignment notification page. This action updates MilPDS with the official assignment notification date. In instances where Airmen are unable to receive e-mail or are exempt from this process, the official assignment notification returns to the manual process, with modifications, per this instruction. OPR: AFPC/DPTSF (Air Force Relocation Operations) REFERENCES: AFI 36-2110, <strong>Assignment</strong>s; AFI 36-2102, Base-Level Relocations; AFI 36- 2107, Active Duty Service Commitments; Active Duty Service Commitments PSD Guide, AFI 36-2133, Specified Period of Time Contracts and Retirement PSD Guide TARGET AUDIENCE: Regular Enlisted and Officers in the grade of lieutenant colonel and below serving on Active Duty

• Page 2 and 3: Personnel Services Delivery Guide 5
• Page 4 and 5: Personnel Services Delivery Guide 5
• Page 6 and 7: Personnel Services Delivery Guide 5
• Page 8 and 9: Personnel Services Delivery Guide 5
• Page 10 and 11: Personnel Services Delivery Guide 5
• Page 12 and 13: Personnel Services Delivery Guide 5
• Page 14 and 15: Personnel Services Delivery Guide 5

Extended embed settings

Inappropriate

You have already flagged this document. Thank you, for helping us keep this platform clean. The editors will have a look at it as soon as possible.

Mail this publication

Delete template.

Are you sure you want to delete your template?

DOWNLOAD ePAPER

This ePaper is currently not available for download. You can find similar magazines on this topic below under ‘Recommendations’.

Save as template?

• Help & Support
• tuxbrain.com
• ooomacros.org
• nubuntu.org
• Terms of service
• Privacy policy
• Cookie policy
• Cookie settings

Choose your language

Main languages

Further languages

• Bahasa Indonesia

Performing this action will revert the following features to their default settings:

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!

Rule 9.210. Briefs

(a) Generally. In addition to briefs on jurisdiction under rule 9.120(d), the only briefs permitted to be filed by the parties in any 1 proceeding are the initial brief, the answer brief, a reply brief, and a cross-reply brief. All briefs required by these rules shall be prepared as follows:

(1) When not filed in electronic format, briefs shall be printed, typewritten, or duplicated on opaque, white, unglossed paper. The dimensions of each page of a brief, regardless of format, shall be 8 1/2 by 11 inches. When filed in electronic format, parties shall file only the electronic version.

(2) The lettering in briefs shall be black and in distinct type, double-spaced, with margins no less than 1 inch. Lettering in script or type made in imitation of handwriting shall not be permitted. Footnotes and quotations may be single spaced and shall be in the same size type, with the same spacing between characters, as the text in the body of the brief. Headings and subheadings shall be at least as large as the brief’s text and may be single-spaced. Computer-generated briefs shall be filed in either Times New Roman 14-point font or Courier New 12-point font. All computer-generated briefs shall contain a certificate of compliance signed by counsel, or the party if unrepresented, certifying that the brief complies with the font requirements of this rule. The certificate of compliance shall be contained in the brief immediately following the certificate of service.

(3) Briefs filed in paper format shall not be stapled or bound.

(4) The cover sheet of each brief shall state the name of the court, the style of the cause, including the case number if assigned, the lower tribunal, the party on whose behalf the brief is filed, the type of brief, and the name, address, and e-mail of the attorney filing the brief.

(5) The page limits for briefs shall be as follows:

(A) Briefs on jurisdiction shall not exceed 2,500 words or 10 pages.

(B) Except as provided in subdivisions (a)(2)(C) and (a)(2)(D) of this rule, the initial and answer briefs shall not exceed 13,000 words or 50 pages and the reply brief shall not exceed 4,000 words or 15 pages. If a cross-appeal is filed or the respondent identifies issues on cross-review in its brief on jurisdiction in the supreme court, the appellee or respondent’s answer/cross-initial brief shall not exceed 22,000 words or 85 pages, and the appellant or petitioner’s reply/cross-answer brief shall not exceed 13,000 words or 50 pages, not more than 4,000 words or 15 pages of which shall be devoted to argument replying to the answer portion of the appellee or respondent’s answer/crossinitial brief. Cross-reply briefs shall not exceed 4,000 words or 15 pages.

(C) In an appeal from a judgment of conviction imposing a sentence of death or from an order ruling after an evidentiary hearing on an initial postconviction motion filed under Florida Rule of Criminal Procedure 3.851, the initial and answer briefs shall not exceed 25,000 words or 100 pages and the reply brief shall not exceed 10,000 words or 35 pages. If a cross-appeal is filed, the appellee’s answer/cross-initial brief shall not exceed 40,000 words or 150 pages and the appellant’s reply/cross-answer brief shall not exceed 25,000 words or 100 pages, not more than 10,000 words or 35 pages of which shall be devoted to argument replying to the answer portion of the appellee’s answer/cross-initial brief. Cross-reply briefs shall not exceed 10,000 words or 35 pages.

(D) In an appeal from an order summarily denying an initial postconviction motion filed under Florida Rule of Criminal Procedure 3.851, a ruling on a successive postconviction motion filed under Florida Rule of Criminal Procedure 3.851, a finding that a defendant is intellectually disabled as a bar to execution under Florida Rule of Criminal Procedure 3.203, or a ruling on a motion for postconviction DNA testing filed under Florida Rule of Criminal Procedure 3.853, the initial and answer briefs shall not exceed 75 pages. Reply briefs shall not exceed 25 pages.

(E) The cover sheet, the tables of contents and citations, the certificates of service and compliance, and the signature block for the brief’s author shall be excluded from the word count and page limits in subdivisions (a)(2)(A)–(a)(2)(D). For briefs on jurisdiction, the statement of the issues also shall be excluded from the page limit in subdivision (a)(2)(A). All pages not excluded from the computation shall be consecutively numbered. The court may permit longer briefs.

(3) Unless otherwise ordered by the court, an attorney representing more than 1 party in an appeal may file only 1 initial or answer brief and 1 reply brief, if authorized, which will include argument as to all of the parties represented by the attorney in that appeal. A single party responding to more than 1 brief, or represented by more than 1 attorney, is similarly bound.

(b) Contents of Initial Brief. The initial brief shall contain the following, in order:

(1) a table of contents listing the sections of the brief, including headings and subheadings that identify the issues presented for review, with references to the pages on which each appears;

(2) a table of citations with cases listed alphabetically, statutes and other authorities, and the pages of the brief on which each citation appears;

(3) a statement of the case and of the facts, which shall include the nature of the case, the course of the proceedings, and the disposition in the lower tribunal, with references to the appropriate pages of the record or transcript;

(4) a summary of argument, suitably paragraphed, condensing succinctly, accurately, and clearly the argument actually made in the body of the brief, which should not be a mere repetition of the headings under which the argument is arranged and should seldom exceed 2 and never 5 pages;

(5) argument with regard to each issue, with citation to appropriate authorities, and including the applicable appellate standard of review;

(6) a conclusion, of not more than 1 page, setting forth the precise relief sought;

(7) a certificate of service; and

(8) a certificate of compliance for computer-generated briefs.

(c) Contents of Answer Brief. The answer brief shall be prepared in the same manner as the initial brief, provided that the statement of the case and of the facts may be omitted, if the corresponding section of the initial brief is deemed satisfactory. If a cross-appeal has been filed or the respondent identifies issues on cross-review in its brief on jurisdiction in the supreme court, the answer brief shall include the issues presented in the cross-appeal or cross-review, and argument in support of those issues.

(d) Contents of Reply Brief. The reply brief shall contain argument in response and rebuttal to argument presented in the answer brief. A table of contents, a table of citations, a certificate of service, and, for computer-generated briefs, a certificate of

(e) Contents of Cross-Reply Brief. The cross-reply brief is limited to rebuttal of argument in the cross-answer brief. A table of contents, a table of citations, a certificate of service, and, for computer-generated briefs, a certificate of compliance shall be included in the same manner as in the initial brief.

(f) Contents of Briefs on Jurisdiction. Briefs on jurisdiction, filed pursuant to rule 9.120, shall contain a statement of the issues, a statement of the case and facts, the argument, the conclusion, a table of contents, a table of citations, a certificate of service, and, for computer-generated briefs, shall also include a certificate of compliance in the same manner as provided in subdivisions (a) and (b) of this rule. In the statement of the issues, petitioner shall identify any issues independent of those on which jurisdiction is invoked that petitioner intends to raise if the court grants review. Respondent, in its statement of the issues, shall clearly identify any affirmative issues, independent of those on which jurisdiction is invoked and independent of those raised by petitioner in its statement of the issues, that respondent intends to raise on cross-review if the court grants review.

(g) Times for Service of Briefs. The times for serving jurisdiction and initial briefs are prescribed by rules 9.110, 9.120, 9.130, and 9.140. Unless otherwise required, the answer brief shall be served within 30 days after service of the initial brief; the reply brief, if any, shall be served within 30 days after service of the answer brief; and the cross-reply brief, if any, shall be served within 30 days thereafter. In any appeal or cross-appeal, if more than 1 initial or answer brief is authorized, the responsive brief shall be served within 30 days after the last initial or answer brief was served. If the last authorized initial or answer brief is not served, the responsive brief shall be served within 30 days after the last authorized initial or answer brief could have been timely served.

(h) Citations. Counsel are requested to use the uniform citation system prescribed by rule 9.800.

Committee Notes

1977 Amendment. This rule essentially retains the substance of former rule 3.7. Under subdivision (a) only 4 briefs on the merits are permitted to be filed in any 1 proceeding: an initial brief by the appellant or petitioner, an answer brief by the appellee or respondent, a reply brief by the appellant or petitioner, and a cross-reply brief by the appellee or respondent (if a crossappeal or petition has been filed). A limit of 50 pages has been placed on the length of the initial and answer briefs, 15 pages for reply and cross-reply briefs (unless a cross-appeal or petition has been filed), and 20 pages for jurisdictional briefs, exclusive of the table of contents and citations of authorities. Although the court may by order permit briefs longer than allowed by this rule, the advisory committee contemplates that extensions in length will not be readily granted by the courts under these rules. General experience has been that even briefs within the limits of the rule are usually excessively long.

Subdivisions (b), (c), (d), and (e) set forth the format for briefs and retain the substance of former rules 3.7(f), (g), and (h). Particular note must be taken of the requirement that the statement of the case and facts include reference to the record. The abolition of assignments of error requires that counsel be vigilant in specifying for the court the errors committed; that greater attention be given the formulation of questions presented; and that counsel comply with subdivision (b)(5) by setting forth the precise relief sought. The table of contents will contain the statement of issues presented. The pages of the brief on which argument on each issue begins must be given. It is optional to have a second, separate listing of the issues. Subdivision (c) affirmatively requires that no statement of the facts of the case be made by an appellee or respondent unless there is disagreement with the initial brief, and then only to the extent of disagreement. It is unacceptable in an answer brief to make a general statement that the facts in the initial brief are accepted, except as rejected in the argument section of the answer brief. Parties are encouraged to place every fact utilized in the argument section of the brief in the statement of facts.

Subdivision (f) sets forth the times for service of briefs after service of the initial brief. Times for service of the initial brief are governed by the relevant rule.

Subdivision (g) authorizes the filing of notices of supplemental authority at any time between the submission of briefs and rendition of a decision. Argument in such a notice is absolutely prohibited.

Subdivision (h) states the number of copies of each brief that must be filed with the clerk of the court involved 1 copy for each judge or justice in addition to the original for the permanent court file. This rule is not intended to limit the power of the court to require additional briefs at any time.

The style and form for the citation of authorities should conform to the uniform citation system adopted by the Supreme Court of Florida, which is reproduced in rule 9.800.

The advisory committee urges counsel to minimize references in their briefs to the parties by such designations as “appellant,” “appellee,” “petitioner,” and “respondent.” It promotes clarity to use actual names or descriptive terms such as “the employee,” “the taxpayer,” “the agency,” etc. See Fed. R. App. P. 28(d).

1980 Amendment. Jurisdictional briefs, now limited to 10 pages by subdivision (a), are to be filed only in the 4 situations presented in rules 9.030(a)(2)(A)(i), (ii), (iii), and (iv).

A district court decision without opinion is not reviewable on discretionary conflict jurisdiction. See Jenkins v. State, 385 So. 2d 1356 (Fla. 1980); Dodi Publishing Co. v. Editorial Am., S.A., 385 So. 2d 1369 (Fla. 1980). The discussion of jurisdictional brief requirements in such cases that is contained in the 1977 revision of the committee notes to rule 9.120 should be disregarded.

1984 Amendment. Subdivision (b)(4) is new; subdivision (b)(5) has been renumbered from former (b)(4); subdivision (b)(6) has been renumbered from former (b)(5). Subdivision (g) has been amended. The summary of argument required by (b)(4) is designed to assist the court in studying briefs and preparing for argument; the rule is similar to rules of the various United States courts of appeals.

1992 Amendment. Subdivision (a)(2) was amended to bring into uniformity the type size and spacing on all briefs filed under these rules. Practice under the previous rule allowed briefs to be filed with footnotes and quotations in different, usually smaller, type sizes and spacing. Use of such smaller type allowed some overly long briefs to circumvent the reasonable length requirements established by subdivision (a)(5) of this rule. The small type size and spacing of briefs allowed under the old rule also resulted in briefs that were difficult to read. The amended rule requires that all textual material wherever found in the brief will be printed in the same size type with the same spacing.

Subdivision (g) was amended to provide that notices of supplemental authority may call the court’s attention, not only to decisions, rules, or statutes, but also to other authorities that have been discovered since the last brief was served. The amendment further provides that the notice may identify briefly the points on appeal to which the supplemental authorities are pertinent. This amendment continues to prohibit argument in such notices, but should allow the court and opposing counsel to identify more quickly those issues on appeal to which these notices are relevant.

1996 Amendment. Former subdivision (g) concerning notices of supplemental authority was transferred to new rule 9.225.

2020 Amendment . Page limits for computer-generated briefs were converted to word counts. Page limits are retained only for briefs that are handwritten or typewritten.

Court Commentary

1987. The commission expressed the view that the existing page limits for briefs, in cases other than those in the Supreme Court of Florida, are tailored to the “extraordinary” case rather than the “ordinary” case. In accordance with this view, the commission proposed that the page limits of briefs in appellate courts other than the supreme court be reduced. The appellate courts would, however, be given discretion to expand the reduced page limits in the “extraordinary” case.

2000. As to computer-generated briefs, strict font requirements were imposed in subdivision (a)(2) for at least three reasons:

First and foremost, appellate briefs are public records that the people have a right to inspect. The clear policy of the Florida Supreme Court is that advances in technology should benefit the people whenever possible by lowering financial and physical barriers to public record inspection. The Court’s eventual goal is to make all public records widely and readily available, especially via the Internet. Unlike paper documents, electronic documents on the Internet will not display properly on all computers if they are set in fonts that are unusual. In some instances, such electronic documents may even be unreadable. Thus, the Court adopted the policy that all computer-generated appellate briefs be filed in one of two fonts—either Times New Roman 14- point or Courier New 12-point—that are commonplace on computers with Internet connections. This step will help ensure that the right to inspect public records on the Internet will be genuinely available to the largest number of people.

Second, Florida’s court system as a whole is working toward the day when electronic filing of all court documents will be an everyday reality. Though the technology involved in electronic filing is changing rapidly, it is clear that the Internet is the single most significant factor influencing the development of this technology. Electronic filing must be compatible with Internet standards as they evolve over time. It is imperative for the legal profession to become accustomed to using electronic document formats that are most consistent with the Internet.

Third, the proliferation of vast new varieties of fonts in recent years poses a real threat that page-limitation rules can be circumvented through computerized typesetting. The only way to prevent this is to establish an enforceable rule on standards for font use. The subject font requirements are most consistent with this purpose and the other two purposes noted above.

Subdivision (a)(2) was also amended to require that immediately after the certificate of service in computer-generated briefs, counsel (or the party if unrepresented) shall sign a certificate of compliance with the font standards set forth in this rule for computer-generated briefs.

Rules Blog Notes

Updated with rule changes effective October 1, 2017 .  For more information about these changes, check out the Florida Appellate Procedure Blog .

Updated with all three sets of rule changes effective January 1, 2019. See In re Amendments to Florida Rules of Appellate Procedure-2017 Regular-Cycle Report , 256 So. 3d 1218, 1219, No. SC17-152 (Fla. Oct. 25, 2018) [.pdf] and In re Amendments to Florida Rules of Civil Procedure, 257 So. 3d 66, 69 (Fla. 2018), reh’g denied, SC17-882, 2018 WL 6074437 (Fla. Nov. 20, 2018) [.pdf] and In re Amendments to Florida Rules of Appellate Procedure 9.146 & 9.210 , No. SC18-1917, 43 Fla. L. Weekly S602 (Fla. Dec. 6, 2018)[ .pdf] . For more information about these changes, check out the Florida Appellate Procedure Blog .

Updated with Rule changes effective January 1, 2021 at 12:03 am.  See In re Amendments to Florida Rules of Appellate Procedure 9.120 and 9.210, No. SC20-597 (Dec. 3, 2020) (corrected) [pdf] .

Leave a Reply

Leave a reply cancel reply.

Your email address will not be published. Required fields are marked *

Save my name, email, and website in this browser for the next time I comment.

Rules are provided as a courtesy and are deemed accurate as of the date posted, but not guaranteed.  Before relying on any listed rule, be sure to consult the Florida Bar’s official rules for updates.  Please see our privacy policy .

Writing an Appellate Brief

⇐ PREVIOUS CHAPTER  |   NEXT CHAPTER ⇒

Introduction

In most appeals, an initial brief , an answer brief , and a reply brief will be filed, in that order.  The appellant , who filed the notice of appeal , will file the initial brief first.  Then the other party , the appellee , will respond with an answer brief.  Finally, the appellant can respond to the answer brief by filing a reply brief.  In the case of extraordinary writs, a petition is filed as the brief.  Extraordinary writ petitions are discussed in Chapter 10 of this Handbook.

Before writing an appellate brief, a party should review the appellate record to understand the history and facts of the case, research the law , and decide what arguments to make and issues to raise. The appellant will want to argue why the lower tribunal ’s decision or judgment should be reversed (why the lower court “erred”).  And the appellee will want to argue why the decision was correct and should be upheld, or “affirmed.”

Again, the initial brief is filed first by the appellant.  The appellee does not file an answer brief until after the initial brief, because the answer brief will respond to the arguments in the initial brief.  The reply brief is then filed by the appellant after, and in response to, the answer brief.  Both the initial brief and the answer brief will contain a section called the statement of the case and facts.  In this section, the briefs discuss the history and facts of the case. There must be no argument in the facts section.  The initial and answer briefs will also contain argument sections.  There will be a summary of the argument section, which is a short preview of the argument, and also a separate and longer argument section where the party will fully discuss all points on appeal .  Initial and answer briefs should also state the standard of review .  The reply brief will only need an argument section, since it just responds to the answer brief (and cannot add any new arguments).  All appellate briefs should contain citations to the appellate record for any facts discussed, whether in the facts section or the argument.  All briefs should also contain citations to legal authority (statutes and case law) in the argument section.

As mentioned above, before a party writes an appellate brief, he or she should consider and study several things.  For example, the party writing the appellate brief reads the record on appeal prepared by the clerk of the lower tribunal that entered the order or judgment appealed.  This record will include the important pleadings filed in the case and should also include transcripts of any important hearings that were held that relate to the issues raised in the appeal.

The party writing the appellate brief also researches what law applies to the party’s case and to the issues raised in the appeal.  This may include statutes, case law, rules, or other sources of law. The party writing the appellate brief goes to a law library or does legal research on the computer to look for cases or statutes, preferably ones from the State of Florida, that support his or her argument.  Then the party writing the appellate brief gathers together any statutes and case law that support the argument he or she is going to make in the appellate brief.  This is because the Florida Rules of Appellate Procedure require the appellate party to specifically refer, or “cite,” to those cases or statutes in the appellate brief to support his or her argument.  Citations to legal authorities in the brief should follow the format for citations found in Florida Rule of Appellate Procedure 9.800.

Formatting for All Briefs

Florida Rule of Appellate Procedure 9.210 requires that all briefs have a specific format.  Briefs must generally be printed or typed on opaque, white, unglossed paper. The paper size should be 8.5 by 11 inches.  The paper should have margins of at least one inch on all sides.  The lettering should be black.  If a brief is typed on a computer, it must be double-spaced and use Times New Roman 14-point font, or Courier New 12-point font.  Any headings or footnotes must be the same font and size as the rest of the brief.  Although typed briefs must be double spaced, headings, indented quotations, and footnotes can be single spaced.

The brief should have a cover sheet stating: the name of the appellate court; the case number the appellate court has assigned to the case, or a space to enter that number if it is a new case that does not have a number; the name or “ style ” of the case (i.e., John Smith v. Jane Doe); the name of the lower tribunal that entered the order or opinion on appeal; the name of the brief (i.e., initial brief of appellant John Doe); and the name and address of the person filing the brief.

Briefs filed in paper format should not be stapled or bound (except by paper clip or rubber band).  This is a recent requirement that assists the clerks of court, who now have to scan paper briefs into the computer.

Contents of the Initial Brief and Answer Brief

The initial brief is the first brief.  It is filed by the appellant who filed the appeal. The appellant’s initial brief is due within 70 days after filing the notice of appeal.  An appellant who needs extra time to file the initial brief should file a motion for an extension of time in the appellate court before the deadline for the brief.  Motion practice is discussed in Chapter 4 of this Handbook.  The initial brief should set out the facts and history of the case in the statement of case and facts section.  It should also present legal arguments explaining each reason the appellant believes the decision of the lower tribunal was wrong (i.e., erroneous ) and why it should be reversed.  The initial brief cannot be longer than 50 pages, not counting the pages used for the Table of Contents, Table of Citations, Certificate of Service , Certificate of Font Compliance and the signature block for the brief’s author. A party can ask the court for permission to file brief longer than 50 pages, but such motions are rarely granted.  And briefs are usually much shorter, often 20 to 30 pages or less.

The answer brief is the next brief.  It is filed by the appellee within 20 days after the initial brief, again unless a motion for an extension of time is filed before the deadline. The answer brief responds to the arguments in the initial brief.  It will argue why the lower tribunal’s decision was correct and should be affirmed. Like the initial brief, the answer brief generally cannot be longer than 50 pages.  Unlike the initial brief, the answer brief is not required to have a statement of the case and facts section, but it usually should have one to explain the case from the appellee’s perspective. Although the appellee will argue in the answer brief that the appellant’s arguments in the initial brief are incorrect, both sides must argue their positions respectfully and without name-calling or insults.

The initial brief and the answer brief will each have the following sections:

• Table of Contents
• Table of Authorities
• Statement of the Case and Facts

Summary of the Argument

Standard of review.

• Certificate of Service
• Certificate of Font Compliance

The table of contents lists the sections and issue headings in the brief, with the corresponding page numbers of where in the brief those sections and headings are.  For example, a table of contents for an initial brief might look something like this in an appeal of a final judgment entered after a jury trial :

The table of authorities (also called the table of citations) is similar to the table of contents.  It is a list of the legal authorities (cases, statutes, and rules) referred to or “cited” in the brief to support the party’s arguments, along with all of the page numbers where those authorities were cited in the brief. Cases are listed in alphabetical order.  Statutes are listed in numerical order.  Legal authorities are cited in the format required by Rule 9.800 of the Florida Rules of Appellate Procedure.

For example, a table of authorities in an appellate brief might look like this:

Statement of the Case and the Facts

Before writing the brief, the party will have reviewed the record on appeal that was prepared by the clerk of the trial court (or other lower tribunal) that entered the order or judgment being appealed. The statement of the case and facts explains to the appellate court, based only on the documents and evidence that are in the record, what the history and facts of the case are, and what occurred in the lower tribunal. This part of the brief is for facts only, not argument.

The appellate party may not discuss in the brief any fact or circumstance that is not in the appellate record, such as events occurring after the order or opinion on appeal was entered, or documents or evidence he or she did not present to or file in the lower tribunal.  In any appellate brief, every sentence containing a fact must be followed by a citation referring to the page number of the record on appeal where that fact can be found or supported.  Usually, the appellate party would refer to a page of the record in parentheses or brackets with an “R.” followed by the volume and page number. Two common formats for citing the record volume and page numbers are, for example:  (R. Vol. 1, pp. 1-8; R. Vol. 4, p.815), or [RI.1-8; RIV.815].  If there is a trial transcript in the record that has separate page numbers, the appellate party may refer to it as “T.” followed by the page number.  Citations in the statement of case and facts section of a brief might look something like this:

This case arises from an automobile accident.  [RI.12-18]. Plaintiff , Mr. Roberts, filed a lawsuit against Defendant , Ms. Wynn, alleging she was negligent in causing the accident and that he was injured as a result. [RI.12-18].  Defendant denied she was negligent or that the accident caused Plaintiff’s alleged injuries.  [RI.34-36; RII.205].

At trial, Plaintiff’s treating physician, Dr. John, testified Plaintiff was injured as a result of the accident.  [T.235-40, 315-19]. Defendant’s expert, Dr. Smith, testified that Plaintiff was not injured. [T.441-44, 448-52].

In the statement of the case and the facts section of an appellate brief, the party writing the brief will discuss:

• the type of case (civil, criminal, etc.), and nature of the appeal (such as an appeal from a final judgment or non-final order, etc.);
• the procedural history of the case in the lower tribunal, such as what documents, pleadings, or motions were filed and when; what arguments and positions the parties raised the lower tribunal; and what happened in the pre-trial and trial proceedings ;,
• the evidence that was presented to the lower tribunal at the trial or hearing , such as written documents and/or the testimony of witnesses; and
• the outcome of the trial, hearing, or other proceeding.

The appellate party drafting the brief includes in this section those facts that specifically relate to the issue he or she is arguing.  For example, an appellant who is only arguing that the trial court erred in excluding certain evidence at trial probably would not need to discuss facts regarding jury selection in the brief.  The statement of the case and the facts is usually presented in chronological order to make it easier for the appellate court to follow and understand.

This section provides an overview of the arguments made in the appellate brief.  It is much like a “road map” that previews the arguments.  The summary of the argument is seldom longer than two pages, and is never longer than five pages.  Since the summary of the argument is just a short preview of the arguments, it generally does not need to have citations to the appellate record or legal authorities.

While the standard of review does not have to be in a separate section, it must be included in the brief.  If it is not in a separate section, it should be included in the argument section, at the beginning of each issue. Whether it is in a separate section or in the argument, the standard of review should be stated for each point on appeal.  The standard of review is very short, usually just a sentence or two and often no longer than a paragraph.  It tells the appellate court whether the issue raised on appeal is a question of fact, law, or both.  This is important because the standard of review determines how much weight or “ deference ” the appellate court will give to, or how strictly it will question, the lower tribunal’s rulings and decision.

Appellate courts give the greatest deference to a lower tribunal’s findings of fact and discretionary decisions.  Findings of fact are generally reviewed for “competent substantial evidence,” meaning they will usually be upheld if supported by any competent evidence in the record.  Discretionary decisions, such as rulings on evidence, are reviewed for an “ abuse of discretion ,” meaning they will usually be upheld unless the decision was extremely unreasonable.

Appellate courts review pure legal issues, such as the interpretation of a statute , with the least amount of deference.  This is called the “ de novo ” standard of review.  Under this standard, appellate courts decide for themselves what the law says and what the decision of law should be, without deferring to the trial court’s decision.

The argument section explains the party’s legal arguments in the appeal and why the decision of the lower tribunal should either be affirmed or reversed. It discusses the relevant statutes and case law, how the law applies to the facts in the case, and the party’s arguments based on the law as applied to the facts.  It explains the legal reasons why the order or judgment of the lower tribunal was either correct or incorrect, and what specific result, or “ relief ,” the party wants in the appeal (i.e., what the party wants the appellate court to do).  For example, an appellant may ask the appellate court to reverse the final judgment and return, or “ remand ,” the case to the lower tribunal for a new trial, whereas an appellee may ask the appellate court in the answer brief to affirm the final judgment.  The argument should be supported by references to legal cases, statutes, and rules that support that appellate party’s argument that the lower tribunal decision was either correct or incorrect.

The argument is divided into specific legal issues.  The argument section in the brief starts with an issue heading for each argument or point on appeal.  In many cases, an appellant might only raise one or two specific issues. In other cases, the appellant might argue more than one or two issues, if he or she believes the lower tribunal made more errors.  Each issue the appellant raises should have a reasonable basis in the facts and in the law. The appellant’s issue or issues should be clearly and concisely stated.  If the appellant is arguing more than one issue, the appellant usually starts with the strongest point first.  Under each issue heading, the appellant discusses the case law, statutes, and rules that deal with the issue for that section.

The appellee’s answer brief arguments respond to the argument issues raised in the initial brief.  It often has the same or similar issue headings as the initial brief, to help the appellate court know which of appellant’s initial brief arguments the appellee’s answer brief is responding to.  Like the initial brief, the appellee’s answer brief should explain how the law applies to the facts and present his or her arguments in support of the outcome he or she wants in the appeal (usually affirmance).  The answer brief arguments should also include citations to the legal authorities, cases, and statutes the appellee believes supports his or her position and arguments in the appeal.

Conclusion.

In the conclusion, the party tells the court what result or relief he or she wants in the appeal (i.e., what the party is asking the appellate court to do in the case).  It is usually only a sentence or two in length, and should not be longer than one page. For example, the conclusion in appellate brief in an appeal from a judgment entered after a trial might look like this:

The brief should contain a certificate of service , in which the party filing the brief with the court affirms that he or she has sent, or “served,” a copy of the brief to the opposing party (or their attorney if they have one) on a specific date and states the method of service , such as by mail, delivery, or service by e-mail (if the procedures for e-service are followed). The certificate of service must be signed by the appellate party and should include a signature block containing the appellate party’s name, address and telephone number.  For example, a certificate of service might look like this:

It is important for pro se litigants to remember that, generally, a party has to both file the brief with the court, and serve a copy on the opposing party.  Pro se parties are generally permitted to serve documents by e-mail if they comply with certain requirements, which are set forth in detail in Florida Rule of Judicial Administration 2.516.  In addition, most courts now allow (but do not require) electronic filing by pro se parties.  See Florida Rule of Judicial Administration 2.525(c)-(d).

The requirements for electronic filing, even when it is available, often vary in different courts. Accordingly, pro se parties interested in electronic filing should consult the website or clerk’s office of the particular court to find out if electronic filing is allowed, and, if so, the requirements for electronic filing and service by e-mail.  See also Florida Rules of Judicial Administration 2.516 and 2.525(c)-(d). Unless electronic filing and service by e-mail is available, a brief must generally be filed by mail or delivery to the court, and served by mail or delivery to the opposing party.

Certificate of Font Compliance.

According to Florida Rules of Appellate Procedure 9.210(a)(2), the font of the letters in the brief must be either Times New Roman 14-point font or Courier New 12-point font.  In the certificate of compliance, the appellate party states that the font and type size used in the brief complies with this Rule and signs below the statement.  A certificate of compliance might look like this:

The Reply Brief

The Florida Rules of Appellate Procedure do not require that the appellant file a reply brief, but an appellant often should file a reply brief to respond to the arguments in the answer brief.  The appellant’s reply brief, if any, is due 20 days after the answer brief and responds to the answer brief arguments.  The reply brief can be no more than 15 pages long, not counting the pages necessary for the Table of Contents, Table of Citations, Certificate of Service, Certificate of Font Compliance, and the signature block for the brief’s author.

The reply brief typically includes the following sections:

• Reply Argument

The reply brief does not raise new arguments. Issues that were not raised first in the initial brief are generally waived.  But, if new or different arguments are raised in the answer brief, the reply brief can respond to those argument.  The key is that the reply brief responds to the answer brief arguments. It does not just repeat the initial brief, nor does it raise new arguments that were not in either the initial or answer brief.  Although the appellant argues in the reply brief that the appellee’s answer brief arguments are incorrect, the appellant, like the appellee, must do so respectfully and without name calling or insults.

Download the Chapter 5 PDF here.

• Term: Certificate of Service
• Term: Notice of Appeal
• Term: Extraordinary Writ
• Term: Standard of Review
• Term: Abuse of Discretion
• Term: Initial Brief
• Term: Answer Brief
• Term: Findings of Fact
• Term: Reply Brief
• Term: Trial Court
• Term: Proceedings
• Term: Appellant
• Term: Appellate
• Term: Authority
• Term: Erroneous
• Term: Transcript
• Term: Plaintiff
• Term: Defendant
• Term: Non-Final
• Term: Testimony
• Term: Deference
• Term: Appellee
• Term: Petition
• Term: Tribunal
• Term: Judgment
• Term: Opinion
• Term: Service
• Term: Evidence
• Term: Citation
• Term: Hearing
• Term: Statute
• Term: De Novo
• Term: Attorney
• Term: Review
• Term: Record
• Term: Appeal
• Term: Clerk
• Term: Motion
• Term: Lawsuit
• Term: Relief
• Term: Remand
• Term: Pro se
• Term: Brief
• Term: Party
• Term: Court
• Term: Legal
• Term: Style
• Term: Table
• Term: Final
• Term: Trial
• Term: Serve

Select Your Language

The entire pro se handbook is available in the following three languages:, appellate practice section.

Designed by Elegant Themes | Powered by WordPress