Steps after completing the index of testimony.
Jurisdiction | United States |
Section 44. Steps after completing the index of testimony.—Having completed your index of the testimony, you will have a fairly good idea of the scope and extent of the record in your case and of the major topics it involves. The next step, then, is to block out the order in which you will set forth those topics in the Statement of Facts. Having done that, you are ready to write: your outline is your guide, your topical index gives you the key to the materials, and you can fill in the record references as you go along. You will frequently need to refer to the actual transcript, either to get the exact page reference whenever the index notes refer to several consecutive pages lumped together, or whenever you deem it helpful to quote exactly from a witness or a document. But, given outline and index, you have control of your materials, no matter how bulky they are, and you should therefore be able to make very satisfactory progress.
It is well to pause at this point to stress the absolute necessity for having record references to every portion of the Statement of Facts. That need simply cannot be overemphasized. For one thing, a Statement of Facts buttressed by record references carries a reassuring conviction to the reader. For another, when...
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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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