Brief
A written document submitted to a court that presents a party's legal arguments and supporting authorities.
A brief is a written argument that a lawyer or self-represented party submits to a judge. It explains the party’s position on a legal issue, cites relevant laws and court decisions, and asks the court to rule a certain way. Despite its name, a brief can be quite long – appellate briefs often run dozens of pages.
Briefs are most commonly associated with appeals, where each side submits a written brief arguing why the lower court’s decision should be upheld or overturned. Briefs are also filed in support of motions at the trial court level. In Minnesota, court rules set specific requirements for how briefs must be formatted, how long they can be, and when they must be filed.
Why it matters: A well-written brief is often the most important tool for persuading a judge. In many cases, especially on appeal, the judge makes a decision based primarily on the written briefs rather than oral argument. If you are representing yourself, writing a clear and organized brief can significantly affect the outcome of your case.
Example: After losing a custody dispute in district court, a parent files an appeal. The parent’s attorney submits a 30-page brief to the Minnesota Court of Appeals arguing that the trial court misapplied the best-interests factors. The opposing side then files a response brief defending the original decision.
Appeals, motions, and complex legal disputes in both civil and criminal cases