Instructions

Difficulty: Moderate
Step1
Prepare a caption. Court rules state that every pleading should contain a caption including the name of the court, the title of the
action, the file number and names of the parties.
Step2
Begin with a preliminary statement. his should identify the party submitting the brief and inform the court of the relief re!uested.
"enerally, a preliminary statement should be #ept short and provide the court with enough information to understand the issues to
be addressed in the brief.
Step$
State the facts relevant to the brief. %acts should not be misrepresented, but can be presented in a way that is favorable to your
argument. Be sure to cite to the record to support these facts.
Step&
Ma#e your argument. his is the part of the brief where you present your case. 'naly(e why the law supports the relief you are
re!uesting. 'pply the law to your set of facts and cite to cases that support your position. "enerally, you should ma#e your strongest
arguments first, followed by secondary relevant arguments.
Step)
'c#nowledge the counter*argument. +t won,t help your case to ignore any valid arguments that can be made by the other side.
'ddress these arguments and e-plain to the court why your case is different. .istinguish any relevant cases that do not support
your argument on their facts.
Step/
Conclude your brief. ell the court what relief you are see#ing and as# for that relief.
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Tips & Warnings
ry to #eep your brief brief. Courts appreciate brevity and clarity.
'void legalese and incivility.
%or a good e-ample on how not to write a legal brief, chec# out +n 8e SC, 3o. 9/ C...:.S. 2;9; <'pril =, 299/>, where the
California Court of 'ppeals called the lawyer,s brief ?rambling? and ?ranting? and forwarded a copy of it to the California
Bar 'ssociation, presumably for disciplinary purposes.