Legal Brief Template

Use this template to structure a legal brief for court filing. Copy it from this page and adapt it to your jurisdiction’s local rules.

What is a legal brief?

A legal brief is a formal written document filed with a court that presents a party’s legal arguments on a specific issue. It is an external document - it goes to the court and to opposing counsel, not for internal use.

The template

Legal Brief Template

LEGAL BRIEF

NOTE: Check your jurisdiction's local court rules before using this template. Font, margins, word limits, and required sections vary by court.

CAPTION

IN THE [NAME OF COURT]

[JURISDICTION]

[PARTY NAME], Plaintiff / Appellant,

v.

Case No. [___]

[PARTY NAME], Defendant / Appellee.

[TITLE OF BRIEF]

Example:

APPELLANT'S OPENING BRIEF / RESPONDENT'S BRIEF / BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

Filing attorney:
[Name and bar number]
Firm:
[Firm name]
Address:
[Address]
Email:
[Email]
Phone:
[Phone]
Date filed:
[Date]

TABLE OF CONTENTS

I. Introduction:
[page]
II. Jurisdiction and Standard of Review:
[page]
III. Statement of Issues Presented:
[page]
IV. Statement of the Case:
[page]
V. Statement of Facts:
[page]
VI. Summary of Argument:
[page]
VII. Argument:
[page]
A. [First argument heading]:
[page]
B. [Second argument heading]:
[page]
C. [Third argument heading]:
[page]
VIII. Conclusion:
[page]
Table of Authorities:
[page]

TABLE OF AUTHORITIES

Cases:

[Case name], [citation]:
[page]
[Case name], [citation]:
[page]

Statutes:

[Statute name and citation]:
[page]

Regulations:

[Regulation and citation]:
[page]

Other authorities:

[Treatise, law review, or other source]:
[page]

I. INTRODUCTION

[Briefly state who the parties are, what this case is about, and what relief is being sought. This is the first thing the court reads - make the issue clear in plain terms.]

II. JURISDICTION AND STANDARD OF REVIEW

Jurisdiction:

[State the basis for the court's jurisdiction - the statute or rule that gives this court authority to hear this matter]

Standard of review:

[State the applicable standard of review - de novo, abuse of discretion, clearly erroneous, or other standard - and cite the authority]

III. STATEMENT OF ISSUES PRESENTED

Issue 1:

[State the legal question the court must decide - framed to suggest the answer you want]

Issue 2:

[State the second legal question if applicable]

Issue 3:

[State the third legal question if applicable]

IV. STATEMENT OF THE CASE

[Describe the procedural history - what happened in the lower court or tribunal, what was decided, and why this matter is now before this court. Be factual and objective.]

V. STATEMENT OF FACTS

[Set out the facts relevant to the legal arguments that follow. Every factual claim must be supported by a citation to the record. Format: [Factual statement]. (Record ref p.___)]

VI. SUMMARY OF ARGUMENT

[Provide a short summary of the main arguments - typically one paragraph per argument. Write this section after completing Section VII.]

VII. ARGUMENT

Use CREAC structure for each argument:

C - Conclusion (state your conclusion first)

R - Rule (state the applicable legal rule)

E - Explanation (explain how courts apply the rule)

A - Application (apply the rule to your facts)

C - Conclusion (restate your conclusion)

A. [FIRST ARGUMENT HEADING IN CAPITALS]

Conclusion:

[State your conclusion on this issue in one sentence]

Rule:

[State the legal rule - statute, regulation, or case law that governs this issue. Include full citation.]

Explanation:

[Explain how courts have applied this rule - cite relevant cases and explain their holdings]

Application:

[Apply the rule to the facts of this case - connect the facts from Section V to the rule]

Conclusion:

[Restate your conclusion on this argument]

B. [SECOND ARGUMENT HEADING IN CAPITALS]

Conclusion:

[State your conclusion on this issue]

Rule:

[State the applicable legal rule with citation]

Explanation:

[Explain how courts apply this rule]

Application:

[Apply the rule to your facts]

Conclusion:

[Restate your conclusion]

C. [THIRD ARGUMENT HEADING IN CAPITALS]

Conclusion:

[State your conclusion on this issue]

Rule:

[State the applicable legal rule]

Explanation:

[Explain how courts apply this rule]

Application:

[Apply the rule to your facts]

Conclusion:

[Restate your conclusion]

VIII. CONCLUSION

[State precisely what relief you are asking the court to grant. Be specific.]

For the reasons stated above, [party name] respectfully requests that this Court:

1. [First item of relief requested]

2. [Second item of relief requested]

3. [Any other relief the court deems appropriate]

CERTIFICATE OF SERVICE

I hereby certify that on [date] a true and correct copy of the foregoing brief was served on all counsel of record by:

  • Electronic filing system
  • Email - to:
  • Mail - to:
  • Hand delivery
Name:
Date:

CERTIFICATE OF COMPLIANCE

This brief complies with the word limit of [court rule] because it contains [___] words, excluding the parts exempted by the rule.

This brief complies with the typeface requirements of [court rule] because it uses [font name] in [point size] throughout.

Name:
Bar number:
Date:

SIGNATURE BLOCK

Respectfully submitted,

Name:
Bar number:
Firm:
Address:
Phone:
Email:
Date:

Counsel for [Appellant / Appellee / Plaintiff / Defendant]

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What this template covers

  • Caption

    court name, jurisdiction, parties, case number, brief title

  • Table of contents

    all sections with page references

  • Table of authorities

    cases, statutes, regulations, other sources

  • Introduction

    parties, issue, and relief sought

  • Jurisdiction and standard of review

    basis for authority and review standard

  • Statement of issues presented

    legal questions framed to suggest the outcome

  • Statement of the case

    procedural history

  • Statement of facts

    record-cited factual background

  • Summary of argument

    preview of main arguments

  • Argument

    CREAC structure for each legal issue

  • Conclusion

    precise relief requested

  • Certificate of service

    how and when served on opposing counsel

  • Certificate of compliance

    word count and formatting compliance

  • Signature block

    attorney details and counsel designation

How to use this template

  1. Check your court’s local rules first

    Before using this template, check the local rules of the specific court. Font, margins, word limits, and required sections vary between courts.

  2. Complete the caption accurately

    The caption must match exactly what appears on the court’s docket. Any discrepancy can result in rejection.

  3. Build the table of authorities as you write

    Add every case, statute, and regulation to the table as you cite it - not after the brief is finished.

  4. Use CREAC for every argument in Section VII

    State your conclusion first, then the rule, then explain how courts apply it, then apply it to your facts, then restate your conclusion.

  5. Write the summary of argument last

    Complete Section VII first, then write Section VI. The summary must reflect what is actually in the argument.

  6. Complete both certificates before filing

    Many courts reject briefs missing the certificate of service or certificate of compliance.

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