Drafting an Appellate Brief before the Court of Appeals

Drafting an appellate brief before the Court of Appeals is a legal task that requires high expertise, precision, and deep understanding of the applicable systems and laws governing the relationship between the parties—whether appealing commercial judgments, general court rulings, personal status judgments, or others, such as financial claims or enforcement judgments. Here, you’ll find guidance on how to write an appellate brief, how to file an appeal, the submission procedures, associated costs, and key questions like: when are you entitled to file an appeal? And what is the judgment pronouncement session after the appeal? --- **The Importance of Consulting a Specialized Lawyer** Many judgments are issued against parties who believe they can win their case without the assistance of a specialized appeals attorney. This approach can lead to serious consequences, including the loss of the case. Even if your legal position is strong, consulting a lawyer is critical due to ongoing legal developments that may affect your case. For example, commercial regulations require that petitions for cassation or retrial be submitted by a licensed lawyer. Furthermore, commercial court objections and hearings are generally handled by practicing attorneys, with some exceptions listed in Article 51 of the Implementing Regulations of the Commercial Courts Law. --- **How to Write an Objection Brief** Once a primary ruling is issued, you can file an objection within the period specified in the judgment document—commonly 30 days from the day following receipt of the ruling. If you miss the deadline or submit a late objection, it will be dismissed procedurally, and the judgment becomes final. Objections are submitted through the Najiz platform: Case → Requests → Request to object to a ruling → Enter the brief text → Attach supporting documents → Submit. --- **Tips for Writing an Appellate Brief** If you're drafting an objection, appeal, or appellate brief for the Court of Appeals, consider the following tips: * Focus on the reasons upon which the initial ruling was based, highlight their weaknesses, and provide legal and factual grounds for your objection. * If the ruling is based on a mischaracterization of the contract or facts, explain the misclassification and how it conflicts with the true nature of the dispute, and state the consequences. * Base your brief on legal statutes, Sharia principles, and logical reasoning. Always support your claims with evidence. * Avoid criticizing judges or opposing parties; focus solely on the facts and legal reasoning to maintain professionalism. * When citing legal provisions, explain their relevance to your case and how the first-instance court erred in applying or ignoring them. * Keep your brief concise but complete. Lengthy briefs may distract the court from your strongest points. * Start with your strongest arguments, then follow with secondary ones. Don’t begin with weaker evidence. * Avoid merely dismantling individual reasons in isolation. Show that even when combined, these reasons don’t justify the judgment reached by the court. --- **Costs of Filing an Appeal** Law firms charge fees for reviewing cases and drafting objections, which vary depending on the attorney’s experience and the complexity of the case. For example, appeal costs for labor cases are typically lower than those for real estate or commercial cases. Contact our team for detailed pricing on drafting appellate briefs. Court-imposed judicial fees are governed by the Executive Regulations of the Judicial Costs Law. Article 16/4 states that no fees are required for appeals if the judgment is fully overturned. If partially overturned, the fees are waived proportionally. As per Article 6/3, appeal requests are set at SAR 5,000. Some case types (like personal status) and specific individuals (such as laborers and their dependents claiming work-related entitlements) are exempt. --- **How to Choose the Right Appeals Attorney** If you’re looking to appoint a lawyer to file an appeal, ensure they have prior experience and a strong track record in appellate advocacy. Your lawyer should be persuasive before the appellate court and capable of articulating the strength of your legal position. Don’t hesitate to reach out to our team for the specialized care and representation you deserve.