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About the section of the brief where I indicate that I want to do an oral presentation: I think my documents/exhibits speak for themselves, but "in a nut shell" why an appellant would want to address the court orally?
First, that does not go in your brief. That is a section in your Notice of Motion.
If you think you have explained it well in your brief, then you may not want an Oral Argument, because if you do a poor job, you could be hurting your chances of a win, particularly if your opponent does a better job than he did on his brief. However, if the Judge is on the fence (and you can only speculate) if you are skilled at oral argument, you may be able to sway him. Also, oral argument can often give us the knowledge of whether the Judge is leaning our way or the other way, based on his questions of us and our opponent, at that court date.
Check out this handy article on Oral Argument. If you scroll down, you will find many tips on how to best present your matter, should you decide you want to.
Now I’m really screwed up because I’m using a brief (suggested to me by another expert) for writing my own brief. And this brief definitely addresses the matter of oral argumentation in the brief. I tried to ask the other expert about it, but he’s offline right now:
IN THE COURT OF APPEALS FOR
THE TENTH COURT OF APPEALS DISTRICT
LEON SAMPLE, JR.,
THE STATE OF TEXAS,
On Appeal from the 54th District Court
of McLennan County, Texas,
Trial Court Cause No. 2011-1847-C2
E. Alan Bennett
State Bar #02140700
Attorney for Appellant
Sheehy, Lovelace & Mayfield, P.C.
510 N. Valley Mills Dr., Ste. 500
Telephone: (XXX) XXX-XXXX
Telecopier: (XXX) XXX-XXXX
Statement Regarding Oral Argument
Oral argument will not aid the Court's decisional process in this appeal.
No - this is not the whole brief. Only the part that references oral presentation (as I understand it). As always, you do more for me than I can afford, or can express gratitude for. I’m no match for a skilled prosecutor. I believe he’ll only distort my innocence more than he already has in an oral presentation. However, this business of “Notice of Motion?” I didn’t see anything that talks about “Notice of Motion” in the appeals material I got from the other expert. I don’t want to let anything fall between the cracks.
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