How to go about writing the Statement of Facts.

• Jurisdiction: United States

Section 43. How to go about writing the Statement of Facts. —The painful but inescapable preliminary to writing the Statement of Facts is reading the record; there just isn't any short cut or labor-saving gadget to spare the man who actually pushes the pen. If you are unwilling or simply not in a position to take the time to read the record, you must get someone else to write the Statement of Facts.

Assuming that you are at the rough-drafting level of the working staff (i.e., junior partner or law clerk or GS-11 in the Government service), the best way to start is to take a deep breath and simply plunge in, taking more or less complete notes as you go along. Ideally, if time permits, you should make a complete index of the testimony and of the exhibits, preferably with a carbon copy. In well-regulated law offices, this is done by the young men during the trial, usually at night and over week-ends, while the seniors in charge of the litigation are regaining their strength and, generally, keeping their minds open for the larger aspects of the controversy. At any rate, before the appellate brief is about to be written...