Appellate Practice
Sep. 8, 2026
Working, Part 4: Setting up the structure of a brief
Why starting to draft early, while first impressions are fresh, can help shape a strong argument outline and concise introduction that form the foundation of an appellant's opening brief.
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
This series of columns describes how my process for writing briefs has evolved over the years, affected by my accumulated experiences and advancing technology. Adopt, modify or ignore them as you see fit.
So far, I've described how I review the trial court materials to come up with ideas about how to get a reversal. Now I'll explain how I use those materials to write the appellant's opening brief, which I call the "AOB....
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