Appellate Brief Rejection? Here’s what to do.

Receiving a notice of deficiency for a recently filed appellate brief can be frustrating, especially when deadlines are tight and the case is already deep in the appellate process. Fortunately, most rejections are based on technical issues that can be corrected quickly once identified.

 Understanding why briefs are rejected and how to address those issues can help attorneys resolve the problem efficiently and avoid delays in the appeal.

Why Briefs Get Rejected:

Some of the most common reasons appellate briefs are rejected include:

• Incorrect margins, spacing, or font requirements
• Missing certificates, such as a certificate of word count
• Incomplete or improperly formatted tables of authorities
• Incorrect record citations
• Problems with PDF formatting or bookmarks
• Failure to comply with local court rules

These issues do not necessarily reflect the quality of the legal arguments, but appellate courts expect filings to follow precise formatting standards.

How to correct it:

1. Review the Notice of Deficiency Carefully

When a brief is rejected, the clerk’s office will typically issue a notice explaining the deficiency. This notice identifies the specific issue that must be corrected before the brief can be accepted.

Attorneys should review the notice carefully and confirm:

• Exactly what issue triggered the rejection
• Whether multiple corrections are required
• The deadline for resubmitting the corrected brief

In many cases, the court provides a short window to correct the problem and refile.

2. Correct the Original Document

Once the deficiency has been identified, the next step is correcting the underlying document rather than attempting to patch the PDF version.

For example, if the issue involves formatting or citation problems, the corrections should usually be made in the Word document before generating a new PDF. This helps ensure that the corrected version updates properly throughout the brief, including page numbers and internal references.

Common fixes may include:

• Adjusting margins or font settings
• Rebuilding the table of authorities
• Correcting citation formatting
• Updating page numbering
• Adding required certificates
  

After the corrections are made, the document can be converted to a new filing-ready PDF.

3. Double-Check the Brief Before Refiling

Before submitting the corrected brief, it is helpful to review the document carefully to ensure that all issues have been addressed.

A final check may include:

• Confirming formatting compliance with court rules
• Verifying that page numbers and citations are accurate
• Reviewing the table of authorities for completeness
• Ensuring required certificates and signatures are included
• Checking that the PDF is properly formatted for electronic filing

Taking a few minutes to confirm these details can prevent another rejection.

Why Some Corrections Take Longer Than Expected:

Fixing a rejected appellate brief can sometimes take more time than anticipated. Formatting adjustments often affect multiple parts of the document, especially in longer briefs.

For example, correcting one issue may require rebuilding:

• the table of authorities
• cross-references within the document
• internal bookmarks in the PDF
• page numbering throughout the brief

Because appellate documents contain many interdependent elements, small changes can have ripple effects across the entire filing.

Final Thoughts

A rejected appellate brief can feel stressful, but in most cases the issue is procedural rather than substantive. Once the deficiency is identified, the problem can usually be corrected and the brief refiled within the court’s deadline.

Careful review of the VA court rules and document formatting before filing can help reduce the likelihood of rejection and ensure that the appellate court focuses on the arguments presented in the brief.