Arkansas Post-Trial Brief

Frame the issue to maximize the persuasiveness of your argument. Simplify the issue and argument. Have an outstanding introduction. Tell a story. Don't argue the facts (unless absolutely necessary) Know the standard of review. Be honest and acknowledge unfavorable law and facts. Only present strong legal arguments.

I suggest the following as a basic starting point (it can be varied) for the framework of each issue: (1) Explain how the world works without discussing your particular facts (i.e., explain what legal principles control the issue generally); (2) consider whether illustrating a case enhances the judge's understanding

How Do I File Suit? To bring a lawsuit, you, as the plaintiff, must complete a legal form known as a complaint and pay a filing fee that typically varies between $30 and $65. Most district court clerks have complaint forms available to use or copy.

A statement should be long enough to tell the judges or Justices what they need to know, and no longer. Sometimes that will mean four pages of a 50-page brief, and sometimes 20 or 25. In a case involving a plain legal issue, a short factual account may suffice, followed by a more elaborate legal analysis.

Rule 12 dictates when a responsive pleading is due, certain defenses that may be made before filing a responsive pleading, and when and how those defenses may be raised.

Rule 12 - Defenses and Objections; When and How Presented; by Pleading or Motion; Motion for Judgment on The Pleadings (a)When Presented. (1) A defendant shall file his or her answer within 30 days after the service of summons and complaint upon him or her.

Once the appellate court files the record on appeal, you will have to prepare your brief. A "brief" is a party's written description of the facts in the case, the law that applies, and the party's argument about the issues on appeal. The briefs are the single most important part of the appellate process.

Some have allowed defendants to file a simultaneous motion and an answer, and some have allowed defendants to file a post-answer 12(b)(6) motion as long as the defendant raised the defense in its answer.

A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired.