In the case of an appeal, the petitioner is usually the party who lost in a lower court. This can be either the plaintiff or the defendant who files the petition to the higher court for judicial review. If the petition is granted, the petitioner files an appellate brief giving the legal arguments for filing the appeal. The respondent is given a short period of time to respond to the brief with arguments for their side of the case and to refute any arguments made by the petitioner. In some jurisdictions, the petitioner is allowed to file a short reply. In all three cases, arguments must be based on the trial record which includes the Transcripts of testimony and evidence from the original trial.