The part of your brief presenting the substantive facts, often called “Statement of Facts,” tells the appellate court the “real world” story of what happened. This can be the most powerful and persuasive part of your brief. Quite often, the justice will make up her mind (at least tentatively) right after she learns the facts.
The Statement of Facts must include: (1) all the facts that help the appellate justice understand the case; and (2) all facts that support the arguments you will make in the Argument section of your brief. Along the way, you might also include all facts that make your client look good or your opponent look bad.
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