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and on at the very beginning. A 10­page Preliminary Statement, for example, will invariably come across as trying to do too much, is unlikely to persuade, and probably will leave the judge confused. An effective Preliminary Statement should describe the cast of characters (i.e., the

Typically, a judge will read the Statement of Facts in a brief before reading the Argument; a well-crafted Statement of Facts that engages in covert persuasion can influence the way in which the arguments will be evaluated. ... I. Introduction (or Preliminary Statement) Articulate the party’s claim and introduce the theory of the case by ...

The preliminary statement is a chance to make a lasting first impression you won’t want to miss. Samuel A. Thumma, Writing Appellate Briefs: Thoughts of a Rookie Appellate Judge , Ariz. Att’y (Dec. 2013), at 34-35 (emphasis added).

preliminary statement 1 procedural 1history statement of facts 2 argument 5 i. the trial court erred in granting summary judgment to defendants because defendants breached their duty of care to plaintiff as an invited guest to their home (raised below: pa1; 1t24) 5 ii. even if plaintiff was a trespasser on

Address opposing counsel’s counterarguments upfront if you have a strong argument, or lowlight them later in the statement of the facts. Engender empathy for your client with your readers. See Amy Bitterman, In the Beginning: The Art of Crafting Preliminary Statements, Seton Hall Law Review (Forthcoming) [full text on SSRN].

The preliminary statement, or introduction, is among the most critical parts of a brief. ... The second sentence is an unmitigated disaster and will certainly not capture the judge’s attention ...

Preliminary Appeal Statement Pursuant to section 500.9 of the Rules of the Court of Appeals 1. Caption of Case (as the parties should be denominated in the Court of Appeals): STATE OF NEW YORK COURT OF APPEALS CENTER FOR JUDICIAL ACCOUNTABILITY, INC. and ELENA RUTH SASSOWER, individually and

PRELIMINARY STATEMENT. That in accordance with A.M. No. 12-8-8-SC, which prescribes the use of judicial affidavits to serve as the direct examination testimony of the witness, on the basis of which the adverse party may conduct their cross-examination on such a witness, I hereby execute this judicial affidavit in a question and answer format;

Judges can connect the dots between poorly stated facts, but don’t rely solely on their experience. ... Preliminary Statement. Use a preliminary statement to add something the court needs to know that is not appropriate for another section. For instance, you can say in your preliminary statement something as simple as, “In this brief “R ...

Below is a comprehensive discussion of Preliminary Statements and Attestations in Judicial Affidavits under Philippine law, with an emphasis on Remedial Law, Legal Ethics, and Legal Forms.This covers the requirements, rationale, and best practices under the pertinent rules—primarily the Judicial Affidavit Rule (A.M. No. 12-8-8-SC) and related provisions of the Rules of Court.

Remember that judges will have read both the lower court’s and opposing counsel’s description of the facts. If your version of events is dramatically different ... federal courts of appeals to provide one “Statement of the Case” that includes the facts relevant to the issue(s) submitted for review, the procedural history of the case ...

Preliminary Statements and Introductions: Checklists and Models. By Ross Guberman · 4 minute read Craft a concise, effective, and persuasive introduction in little ... List three or four specific points you would make to a judge who gave you just 60 seconds to explain what you want and why you should get it.

The article argues that, given the importance of "first impressions" in any form of writing and the heavy workload of most judges, the traditional neutral introduction is not an effective way to open a brief. Instead, more and more practitioners are using the preliminary statement as a critical opportunity to "pitch" a client's case.

JUDICIAL AFFIDAVIT I, [Full Name of Affiant], of legal age, Filipino, and residing at [Complete Address], after being sworn in accordance with law, do hereby depose and state: PRELIMINARY STATEMENTS I am the [Your Relation to the Case] in the above-captioned case. I am competent to testify on the matters stated herein, which are based…

In fact, many judges report that they first read the Preliminary Statement and then the point headings of the Legal Argument as listed in the Table of Contents in order to get their feel for the case. Well-written Statements of Procedural History and Facts should read like narratives. They should be easily understood by a person untrained in ...

easier. Quoting the law, rather than telling the judge what it is, persuades better. String Cites . In presenting the law, avoid string cites. Using the ma ny similar cases that your research has found is tempting, but doing so is unnecessary and even annoying to the judge.

At the preliminary hearing, the judge evaluates evidence presented by the prosecution to determine if probable cause exists—a legal standard indicating a reasonable belief the defendant committed the alleged crime. This differs from the “beyond a reasonable doubt” standard required for conviction.

The significance of the preliminary statement depends on the judge (and her clerks). At least some judges tend to immediately dive into the meat of the brief. But for those judges who read the preliminary statement (and we suspect that most do), this section is extremely important. Yet some young

Boston Edison Corp., 33 Mass. App. Ct. 516, 529 (1992) (“It is well established under our practice that a trial judge must take ‘rigorous and emphatic action’ to counteract prejudicial statements made in front of the jury.”). A judge has “considerable latitude” in the “choice of methods” to correct improper argument.