Title page
Appeal No.
IN THE U. S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT
PETITIONER NAME
V.
RESPONDENT NAME
PETITION FOR REVIEW OF THE MSPB FINAL DECISION
APPELLANT’S OPENING BRIEF
BY
NAME
ADDRESS, PHONE, EMAIL
[14 font size]
TABLE OF CONTENTS
Statement of Related Cases……………….4
Jurisdictional Statement……………………..4
Statement of the Issues……………………….5
Statement of the Case and Facts…………..6
Summary of the Argument………………..….21
Argument…………………………………………..22
Conclusion and Relief Sought……………….25
[On separate page]
TABLE OF AUTHORITIES
[In alphabetical order with the brief pagination citing the case]
Name of the case cited…………………………22
Name of the case cited…………………………23
Name of the case cited…………………………24
[Brief on separate page]
Appendix
Table of Contents
Name of document………………Appx001
Name of document………………Appx007
Name of document………………Appx021
All appendix page numbers must be preceded by “Appx” (or “SAppx” for a supplemental appendix) and then the number, without any intervening non-numerical characters or spaces. Sub-organizational indicators (such as .1 or a) are also not permitted. See Fed. Cir. R. 30(b)(2)(C). Use PDF bates numbering.
The entire appendix, including all exhibits, must be combined into one PDF and each page must be numbered by bates numbering preceded by “Appx.” For example, “Appx23.” If Appendix exceeds the bite size limit, it could be splitted into parts and submitted consecutively via eCF (after bates numbering).
Bates numbering must be visible, appropriately sized, and centered in the bottom margin of each appendix page.
Page and document references in briefs to the appendix must follow the same format as appendix bates numbered pagination, such as Appx123 or SAppx123 (for supplemental appendix), Appx123-132; Appx123, Appx135, or Appx123-24. See p. 34-35 of Electronic Filing Procedures.
federal rules of appellate procedure - Rule 28: Briefs
(a) Appellant’s Brief. The appellant’s brief must contain, under appropriate headings and in the order indicated:
(1) a disclosure statement if required by Rule 26.1;
(2) a table of contents, with page references;
(3) a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with references to the pages of the brief where they are cited;
(4) a jurisdictional statement, including:
(A) the basis for the district court’s or agency’s subjectmatter jurisdiction, with citations to applicable statutory provisions and stating relevant facts establishing jurisdiction;
(B) the basis for the court of appeals’ jurisdiction, with citations to applicable statutory provisions and stating relevant facts establishing jurisdiction;
(C) the filing dates establishing the timeliness of the appeal or petition for review; and
(D) an assertion that the appeal is from a final order or judgment that disposes of all parties’ claims, or information establishing the court of appeals’ jurisdiction on some other basis;
(5) a statement of the issues presented for review;
(6) a concise statement of the case setting out the facts relevant to the issues submitted for review, describing the relevant procedural history, and identifying the rulings presented for review, with appropriate references to the record (see Rule 28(e));
(7) a summary of the argument, which must contain a succinct, clear, and accurate statement of the arguments made in the body of the brief, and which must not merely repeat the argument headings;
(8) the argument, which must contain:
(A) appellant’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies; and
(B) for each issue, a concise statement of the applicable standard of review (which may appear in the discussion of the issue or under a separate heading placed before the discussion of the issues);
(9) a short conclusion stating the precise relief sought; and
(10) the certificate of compliance, if required by Rule 32(g)(1).