Earlier this year, Rebecca A. Copeland reported on a meeting of the Hawaii chapter of the Federal Bar Association. Four judges of the Ninth Circuit attended and offered tips on brief writing. Rebecca was kind enough to report their advice. Three of their tips struck me the most. Continue reading
The last post discussed limits on using story-telling techniques in an appellate brief’s statement of facts. This one covers Steven Stark’s tips on how to write the powerful story. Steven Stark authored the book Writing to Win. In his book, he offers six rules for the strong narrative: Continue reading
A recent post discussed which facts to include in a brief’s Statement of Facts, and suggested that bad, adverse facts be included if relevant. If you know opposing counsel will harp on it, better to go ahead and include the fact to deal with it. But how? Continue reading
The last post covered facts that must or should be included in the brief. This one covers five type of facts that should be edited out: Continue reading
The last two posts covered how to gather and outline the facts for an appeal, and the importance of completing the record. This one discusses what facts to include in the brief: Continue reading
In creating a Statement of the Facts, brief writers are generally limited to materials submitted to the trial court. Rule 208(b)(4), SCACR, requires that the brief contain references to material that are properly included in the Record on Appeal. And to be included, materials must first be submitted to the trial court.