se which he has to plead, with all material facts in
chronological order, and frequently such observations thereon as the
solicitor may think fit to make, the names of witnesses, with the "proofs,"
that is, the nature of the evidence which each witness is ready to give, if
called upon. The brief may also contain suggestions for the use of counsel
when cross-examining witnesses called by the other side. Accompanying the
brief may be copies of the pleadings (see PLEADING), and of all documents
material to the case. The brief is always endorsed with the title of the
court in which the action is to be tried, with the title of the action, and
the names of the counsel and of the solicitor who delivers the brief.
Counsel's fee is also marked. The delivery of a brief to counsel gives him
authority to act for his client in all matters which the litigation
involves. The result of the action is noted on the brief by counsel, or if
the action is compromised, the terms of the compromise are endorsed on each
brief and signed by the leading counsel on the opposite side. In Scotland a
brief is called a memorial.

In the United States the word has, to a certain extent, a different
meaning, a brief in its English sense not being required, for the American
attorney exercises all the functions distributed in England between
barristers and solicitors. A lawyer sometimes prepares for his own use what
is called a "trial brief" for use at the trial. This corresponds in all
essential particulars with the "brief" prepared by the solicitor in England
for the use of counsel. But the more distinctive use of the term in America
is in the case of the brief "in error or appeal," before an appellate
court. This is a written or printed document, varying according to
circumstances, but embodying the argument on the question affected. Most of
the appellate courts require the filing of printed briefs for the use of
the court and opposing counsel at a time designated for each side before
hearing. In the rules of the United States Supreme Court and circuit courts
of appeals the brief is required to contain a concise statement of the
case, a specification of errors relied on, including the substance of
evidence, the admission or rejection of which is to be reviewed, or any
extract from a charge excepted to, and an argument exhibiting clearly the
points of law or fact to be discussed. This form of brief, it may be added,
is also adopted for use at the trial in c