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...
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- Introductory.
- The basic precepts.
- Write the Statement of Facts first.
- How to go about writing the Statement of Facts.
- Steps after completing the index of testimony.
- Final revision of
- Think before you write the argument.
- Never let the other side write your brief.
- Research; some general considerations.
- Evaluation of decided cases.
- The case in point.
- When there is no case in point.
- Use of analogies.
- Handling authorities apparently against you.
- Use of dissenting and concurring opinions.
- Briefs filed in earlier cases involving the same or related questions.
- Statutory analysis.
- Legislative history.
- Administrative materials.
- Use of essentially historical materials.
- Use of noncase materials.
- Encyclopedias; collections of annotated cases.
- Use of law review materials.
- The next step in brief-writing.
- Write consecutively.
- Write the Summary of Argument last of all.
- Finally, check!
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