Thursday, December 19, 2013
Recently, several outlets reported on the new FRAP 28 and its consolidation of the facts and procedural history into a single statement of the case. For cases with a mixture of procedural and substantive issues on appeal, the unified statement of the case has the potential to get pretty messy. To keep information easy for the court to locate, consider using subheaders to topically divide the material. For a helpful primer on subheaders for fact statements, see Kenneth F. Oettle's "Subheadings in the Statement of Facts Guide and Persuade" from the New Jersey Law Journal.
And finally, a word of caution: don't forget to check your local rules to see how your home circuit may have added its own requirements to the new statement of the case format.