What is an opening brief? An opening brief is generally speaking, the first document explaining why an appeal is appropriate, and why a conviction should be overturned, or a lower court’s decision should be overturned. The opening brief is usually created after the record from the court is created. So first, the record is created in the court and then whoever is appealing will file an opening brief; a document essentially, saying here is how the judge made an improper decision or here is how my client’s rights were violated. An opening brief will describe all that.
After that, the government will have an opportunity or the opposing party will have an opportunity to reply, usually a respondent’s brief, and then there was often a reply where the person who is appealing has the last word and can say, well, the respondents brief was wrong, and here is why. So, the opening brief though, is the first primary document explaining why an appeal is appropriate, why a lower court’s decision should be overturned.