7 Common Appellate Brief Mistakes

Appellate Work is About Compliance.

Before the Court ever evaluates the substance of an argument, it looks at something else first: compliance.

In Virginia, appellate courts expect strict adherence to formatting, citation, and procedural requirements. Small technical errors can lead to delays, rejected filings, or unnecessary stress at the worst possible time.

Below are seven common compliance issues attorneys and paralegals encounter when preparing briefs for the Court of Appeals of Virginia and the Supreme Court of Virginia.

VACES (Virginia Appellate Court Electronic System) shows a list of required formatting and citations. 

Court Specific Formatting Requirements

Each appellate court has their own specific set of rules often referred to as “local rules¹.” While local rules are more common in Federal Court, they also exist within the VA trial court system to some extent.

For Virginia Court of Appeals (VACOA), here are some of the rules governing the format of briefs submitted via efiling:

• Margins
• Font type and size
• Word count limits
• Certification of compliance 

While these rules give you the content and parameters of the layout of your word document, the VACOA is notorious for also having requirements for the PDF’s you submit such as: 

• Text must be searchable
• Everything must be bookmarked
• Must not exceed 150 MB 

Formatting that worked in circuit court may not satisfy appellate standards. Overlooking even one technical requirement can result in corrective filings and lost time.

Word Count and Word Count Certification Errors

Appellate briefs must comply with word limits and include proper certification. Failing to accurately calculate word count or omitting required language can create avoidable issues. 

Additionally, the word count must be listed at the bottom of your brief.

Bluebook Citation Inconsistencies

   Appellate courts expect accurate and consistent citation formatting. Common issues include:

• Missing parallel citations
• Incorrect short-form citations
• Inconsistent pin cites
• Improper signals

     
Even strong arguments lose polish when citations are inconsistent.

Table of Authorities Errors

The Tables of Contents and Authorities are the most time-consuming sections of any brief.

Frequent issues include:

• Authorities listed but not cited
• Cases cited but not included in the table
• Incorrect page references
• Alphabetization errors

This is often where last-minute frustration begins.

Record Citation Issues

Record references must align precisely with appendix pagination. Mismatched citations or incorrect references can slow review and reduce clarity.

Appellate judges rely heavily on accurate record citations.

Filing-Ready PDF Preparation

Final submission involves more than exporting a document to PDF.

Requirements may include:

• Proper bookmarks
• Correct file naming
• Hyperlinks where applicable
• Signed certificates of service

Technical oversights can delay docketing or require refiling.

Time Allocation v Billable Hours

Appellate attorneys are most valuable when developing strategy and refining legal argument.

Time spent:

• Rebuilding a Table of Authorities
• Adjusting margins
• Checking citation format
• Verifying rule compliance

is time not spent strengthening the brief itself.

Outsourcing technical appellate compliance can preserve billable time while adding an additional layer of precision before filing.

A Final Word Before You File…

The appellate courts in Virginia expect accuracy, organization, and strict compliance with procedural rules. Careful review before filing protects both the brief and the attorney presenting it.

Blue Bird Paralegal provides appellate brief compliance review, citation cleanup, table preparation, and filing-ready formatting support for Virginia attorneys. Feel free to explore our services or request a quote if you have an upcoming appeal. 

1. https://eapps.courts.state.va.us/help/robo/vaces/VACES.htm ↩︎