Reply Briefs: Rules and Protocol in the Battle for the Last Word

In a recent case, the Florida Supreme Court adopted a rule that says the outcome of a case shouldn’t depend on who is the most powerful or persuasive. In the appeal process, the appellant gets the last word through a reply brief. This means they have the final chance to argue their case before the court makes a decision. The reply brief in a court case is supposed to only respond to the arguments made by the other side in their answer brief. But sometimes, people use the reply brief to bring up new issues, which is not allowed. When this happens, it can be confusing for everyone involved, and there isn’t a clear way to deal with it. Different judges have different opinions on how to handle this situation. Oral argument is a good opportunity to respond to a bad reply brief in court. If the appellee’s case is in a district that allows oral argument, they can use it to reply to the appellant’s bad brief. In Florida, the appellee must request oral argument when filing their answer brief, even if they don’t think they need it. But if the reply brief is okay, they can withdraw the request. When a party in a court case receives a reply brief with inappropriate arguments, they can file a motion to strike or a motion for a limited response. Some judges advise using these motions carefully and prefer to address the issue at oral argument. Others believe it’s better to be safe and file a motion to strike. Another option is to file a notice of supplemental authority. Ultimately, requesting oral argument is the best way to make sure the party can respond to any unfair arguments in the reply brief. If someone files a reply brief in a court case without also filing a cross-appeal, it will be automatically dismissed. This is because the court won’t consider new arguments made for the first time in a reply brief. The rules about this are different for workers’ compensation cases. Finn Pressly, a lawyer in Tampa, wrote this column on behalf of a group that focuses on appellate law. Their goal is to encourage duty, service to the public, and improvement of justice.

Source: https://www.floridabar.org/the-florida-bar-journal/reply-briefs-rules-and-protocol-in-the-battle-for-the-last-word/