Of course, the authorities should be updated to identify any changes in the law. Is the bench as a whole undecided? Do not waive oral argument. You must be ready for the hard questions, the questions which, if not satisfactorily addressed, may undermine the success of your appeal.
This brief writing and oral argument preparation be done in a series of sessions each timed to meet the time reserved for oral argument or in one long session wherein the areas of concern are vetted until conversation on those issues is exhausted.
It discusses the structure and persuasive techniques of effective argumentation. Appellate judges come to the argument well-prepared having read the record, briefs and bench memoranda prepared by the law department and their law clerks and they may very well have discussed the case with other members of the panel.
If there is a new case that you would like to rely on, bring sufficient copies to the court for the panel and your adversary.
Also, prepare your concluding words — which will not be that different from your opening — the words that again describe the specific relief requested. It also includes access to helpful PowerPoint slides for use in the classroom and class preparation.
Prepare your opening statement — a concise sentence or two by which you identify exactly what it is that you want the court to do — the destination — tell the court where you want to go.
Where do you want to go and how are you going to get there? As obvious as it sounds, make sure you have preserved the right to orally argue by following the rules of the court for reserving argument time.
While it may be easier to put some members of the appellate team on the moot bench that will not be as effective in presenting an experience close to live as having moot panelists who are no more familiar than the live panel. Remember, the chances of the court throwing you softballs during oral argument are slim.
Having completed the triage, move on to the preparation of a more detailed outline — this should be the road map of your argument. You must direct your attention to the two or three points that you must get the court to listen to and focus its attention on, in order for you to win the case.
No less important is full familiarity with the portions of the record relied on in the adverse brief. If there are specific record references or lines from cases that you feel you need to read verbatim to the court, these should be included in your outline for ready reference rather than fumbling through the record at the lectern.
For this reason, the appellate bench is generally more open to the influence of good oral advocacy. After a day or so away from the case, the attorney, the appellate team and the members of the panel should join together for a critique.Preparation and presentation of the oral argument with examples concludes the appeal and post-argument procedures such as post-argument memos and petition for rehearing.
Closing the case after appeal concludes the text.5/5(1). Chapter 4 covers effective oral argument, including preparation, organizing your notes, the presentation (eye contact, gestures and professionalism), and answering questions. The oral argument checklist begins on page Brief Writing and Oral Argument.
Ninth Edition. Edward D. Re and Joseph R. Re. A Oceana TM Publication. A new section on the "vanishing trial" emphasizes the critical importance of the written word in arguing a case.
Appellate Brief and Oral Argument Research for 1Ls: General Resources or sur-reply, and whether it s a lower court or appellate brief. A Brief Guide to Brief Writing will enable brief writers to understand and tell the client s story, in a persuasive and effective manner." It also includes access to helpful PowerPoint slides for use in.
Preparation and Delivery of Oral Argument in Appellate Courts, 22 Am. J. Tr. Advoc.() (stating that one of two uses for oral argument is to allow counsel to respond to the court’s concerns). Counsel should approach oral argument with no less enthusiasm and preparation.
Appellate jurists are different from the trial judges in the sense that they have not been living with the case for months or years.Download