Legal Brief Example

There isn't a specific page limitation for trial briefs. However, if you expect the judge to read it, you should generally keep it to 10 to 15 pages in length. The trial brief is akin to an opening statement.

Issue identify the issue(s) raised by the facts of the client's case. Rule identify the law(s) that controls the issue(s) Analysis how does the rule of law apply to the issue(s) Conclusion a summary of the legal analysis.

A trial brief sets forth the facts, evidence, and legal arguments the party intends to present at trial. They are typically supported by citations to legal authority, such as statutes or case law, but may also cite authoritative writings, statistics, or other sources.

Name of case. Start by saying the name of the case at the top of your case brieffor example, Smith v. Parties. Identify the parties. Procedure. Identify the procedural posture of the case. Issue. Identify the legal issue that the opinion is addressing. Facts. Rule. Analysis/application. Holding.

For purposes of this article, a trial brief is a legal writing that is filed with the court shortly before or during trial that addresses relevant evidentiary and legal issues for the court to consider.

Every brief should include, at a minimum, the facts of the case, the legal issue, the legal principle applied in the case, the holding and reasoning of the majority, and a summary of any concurrences and dissents. Your brief should not exceed 600 words, excluding concurrences and dissents.