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pretrial arguments

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davjoh

Guest
How do I prepare pretrial arguments for a self presented appeal to Superior Court?
 


I AM ALWAYS LIABLE

Senior Member
davjoh said:
How do I prepare pretrial arguments for a self presented appeal to Superior Court?
My response:

I presume you're talking about a "trial de novo" from a Small Claims Court to the Appellate Department of Superior Court, and your need to write a "Trial Brief."

Well, first, you start by using "pleading paper" - - not just plain or lined paper. And, you use either a typewriter or a computer. Do not handwrite your brief.

Then, you lay out the background of your case, with each party's issues and contentions. Then, you lay out the points you wish to discuss; e.g., 1, 2, 3, etc.

Then, you state your "Points and Authorities" that bolster your arguments for each issue that you raise, and then you argue your points and how those cases favor your arguments.

Then, you conclude with your reasons; e.g., a summary, of why those cases and arguments entitle you to win your case, and why the Superior court should overturn the Small Claims judgment.

Remember, it's a trial BRIEF. So be brief.

Good luck.

IAAL
 
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davjoh

Guest
re pretrial arguments

The case is a traffic infraction that though innocent of, was found guilty of. The judge refused to view evidence that would have raised more than reasonable doubt. I have filed the transcript and brief at the discovery phase. Now I am scheduled to come back to face the prosecutor with the argument phase and receive their brief. So as I understand, this is to argue the points of my brief. I am handling this on my own (forgive the spelling) "pro say".
 

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