Appellate Practice
Apr. 17, 2017
Statement of Facts: Part I
Don't burden the appellate judge with every date or fact — stick to what matters in the appeal.
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
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
MOSKOVITZ ON APPEALS
An appellate brief (and most trial briefs) should include both procedural facts and substantive facts, each in a separate section.
The procedural facts are usually stated first, in a section headed "Statement of the Case" or "procedural facts." This should include all the facts about the procedural history of the case that will help the appellate court decide the ...
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