Appellate Practice
Jul. 7, 2015
Should you anticipate arguments in opening briefs?
On the one hand, why anticipate an argument that your opponent might never make? Why run the risk that the court will be impressed by the argument?
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
MOSKOVITZ ON APPEALS
Suppose you are writing an appellant's opening brief. In the trial court, your opponent made an argument against the position you are now taking. Should you deal with it in your opening brief - or wait to see how the respondent presents it in his brief, and then address it in your reply brief?
I usually deal with it up front. I p...For only $95 a month (the price of 2 article purchases)
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