Preparation of the rebuttal.

• Jurisdiction: United States

Section 134. Preparation of the rebuttal.—Once past the painful question whether, the next problem is how to prepare an oral rebuttal.

If you are bottomside, representing the appellee or respondent, you can work your reply arguments into your own notes as you listen to opposing counsel, inserting them at the appropriate places. It is generally a good idea to use a red pencil for this purpose, so that you won't overlook the new matter as you come to it.

If you are topside, the process is much more difficult. Indeed, the preparation of an effective rebuttal is really one of the hardest points in the business. And yet it should not be neglected, because, as has already...