CLA’s “Fillable Form” Briefs Approved by Judicial Council

March 2025

Writing appellate briefs can be difficult even for the most seasoned attorneys. But for self-represented litigants, the challenge can be overwhelming.

As a result of efforts by CLA’s Committee on Appellate Courts, online “fillable form” briefs are now available to litigants filing limited civil appeals in California’s superior court appellate divisions. These form briefs offer a potential game-changer for self-represented litigants and a foundation for further access-to-justice reforms.

About one-third of civil appeals in California state courts involve at least one self-represented litigant. Self-represented litigants can have a hard time understanding the applicable court rules, organizing their thoughts in a legal framework, and advocating for themselves in a brief. Even though these litigants may have viable appellate challenges, courts will often dismiss or deny their appeals without considering the merits based on problems with their briefs.

To address this problem, the Committee on Appellate Courts, a standing committee of CLA’s Litigation Section, began work in late 2021 to make meaningful and lasting changes to the system. The Committee developed three online forms that self-represented litigants can use to draft appellate briefs (opening, respondent, and reply). The goal was to help self-represented litigants and also assist the appellate courts. When litigants file appropriate briefs, the appellate courts can more efficiently process their appeals and ensure a full and fair appellate review on the merits.

“We knew the Ninth Circuit Court of Appeals had provided form briefs for self-represented litigants for decades,” says Jocelyn Sperling, Chair of the Committee on Appellate Courts. “But to our knowledge, nobody had proposed form briefs in California. Our Committee spent about a year reviewing what the Ninth Circuit and other states were doing. We developed customized form briefs for California and sent them to the Judicial Council’s Appellate Advisory Committee for review. The Judicial Council revised the form briefs and then adopted them for use as of January 1, 2025 in limited civil appeals.”

As a result of CLA’s commitment, the free, online, “fillable form” briefs are available to litigants filing limited civil appeals in the superior court appellate divisions. The documents are: Appellant’s Opening Brief—Limited Civil Appeal (form APP-200), Respondent’s Brief—Limited Civil Appeal (form APP-201), and Appellant’s Reply Brief—Limited Civil Appeal (form APP-202). The forms guide litigants through the briefing process, helping them to provide the relevant facts and explain what they think are the legal errors.

“Prior to this, a fictious sample brief was offered as a guide for self-represented litigants,” explains Jocelyn Sperling. “However, it is hard for nonlawyers to use a sample brief as a model for their own brief. Now, a litigant can follow a step-by-step approach and answer simple questions in a fillable document.”

Committee members believe the new forms are a huge step forward. The fillable forms help litigants focus on what they are actually arguing, allowing the appellate court to evaluate the issues on their merits rather than to dismiss for procedural problems.

“I think this success underscores the work that CLA’s committees do as part of our larger Sections,” states Adrieannette Ciccone, Chair, CLA’s Litigation Section. “Our subcommittees share a tremendous amount of their time and legal expertise to develop valuable projects.”

The Committee on Appellate Courts is hopeful that the form briefs will be extended beyond limited civil cases to unlimited civil cases filed in the California Courts of Appeal. For example, the forms could be used in child custody appeals, where fundamental rights are at stake.

“CLA is proud of the achievements made by the Committee on Appellate Courts,” says CLA CEO Chris Nguyen. “Many volunteer hours were invested in seeing this project through. The Committee’s dedication will impact countless people over the coming decades.”

With the recent approval of the form briefs, CLA is now working to spread the word. The Committee on Appellate Courts is researching self-help clinics and other resources to educate the public about the briefs.

Additionally, the Committee on Appellate Courts is exploring expanding self-help appellate workshops and using AI for self-represented litigants. This would include helping litigants gain access to applicable case law and learning the necessary steps in an appeal before the briefing stage.

To see the new forms now available, go to: https://courts.ca.gov/rules-forms/find-your-court-forms, and search for APP-200, APP-201, and APP-202.

For more information on CLA’s Committee on Appellate Courts, visit: https://calawyers.org/section/litigation/standing-committees/committee-on-appellate-courts/.