Category Archives: Statement of Facts

Creating the Statement of Facts on Appeal

once upon a timeIn 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.

Review is normally limited to the Record.  Rule 210(c, h), SCACR. Continue reading

Drafting a Statement of Facts – Overview

The next several posts will cover the an appellate brief’s Statement of Facts and:

  • gathering the facts from the record
  • selecting the facts to include and omit in the brief
  • handling bad facts, and
  • effectively telling your client’s story.

But first a word on the fact statement’s importance. Continue reading