Which party would typically file the first brief in an appeal?

In the context of an appeal, the party who files the first brief is known as the appellant. This is the party who is dissatisfied with the outcome of the trial court and has decided to challenge that decision in a higher court. The appellant outlines the reasons for the appeal, discusses the errors they believe the lower court made, and provides legal arguments to support their claim.

The appellant bears the responsibility of initiating the appeal process by presenting their case through the opening brief, which sets the stage for the appeal. Subsequent to the appellant's brief, the appellee will then file their response. The sequence is important because it allows the appellant to clarify their position and the issues at hand before the appellee responds to those claims. Thus, the role of the appellant in filing the initial brief is a significant part of the appellate process, allowing for a structured and clear presentation of arguments to the reviewing court.