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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
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Experience:  19+ Years of Legal Practice in Criminal Law.
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About the section of the brief where I indicate that I want

Resolved Question:

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?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 1 year ago.


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.

https://www.dailyjournal.com/cle.cfm?show=CLEDisplayArticle&qVersionID=126&eid=639310&evid=1

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Alexia Esq.



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Customer: replied 1 year ago.

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:



NO. 10-12-00038-CR


IN THE COURT OF APPEALS FOR


THE TENTH COURT OF APPEALS DISTRICT


WACO, TEXAS


LEON SAMPLE, JR.,


Appellant


v.


THE STATE OF TEXAS,


Appellee


APPELLANT'S BRIEF


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


Of Counsel


Sheehy, Lovelace & Mayfield, P.C.


510 N. Valley Mills Dr., Ste. 500


Waco, Texas76710


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.

Expert:  AlexiaEsq. replied 1 year ago.
That is not the whole brief, is it? I don't see any "brief" even though it says "brief". And I don't think that mentioning it in the brief hurts anything, but as I understand it, if you don't notice the court that you want oral argument, how can it schedule it? Oral argument vs. no oral argument is quite a difference in time and scheduling for the court. Looks like this guy DIDN'T want oral argument. So perhaps it would then not be noted in his Notice of Motion page. But, in any event, let's see if the court rules mention. I'll see if I find any mention. How does that sound.
Customer: replied 1 year ago.

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.

Expert:  AlexiaEsq. replied 1 year ago.
Good lord, thanks for bringing it to my attention - we are NOT talking about your Motion, but your appeal. Sorry for the Motion answer. Yes, in your appeal, you can (or not) put a statement in your brief. And if you want OA, notate it on your cover.

Here is the section - and yes, they are noting you can put it in the brief (but not mandatory, apparently). If you requesting it, notation of it goes on the front of your brief cover ("Rule 39.7, any party requesting oral argument
must note that request on the front cover of the
party’s brief.") My apologies, I was thinking "motion" (as in our former posts regarding your earlier motion) - we include it with the notice of motion, BUT, the Notice of Motion is filed WITH the brief, not prior, typically. Here, when you file your Notice of Appeal, it is typically way before your brief, because you do not even have your transcript yet, and you really have no way of knowing if you will want or need oral argument. That is why it may come later (with brief). (Apparently only about 12% of appeals will get oral argument.)

Rule 38. Requisites of Briefs
( e) Any Statement Regarding Oral Argument. The brief
may include a statement explaining why oral
argument should or should not be permitted. Any
such statement must not exceed one page and should
address how the court’s decisional process would, or
would not, be aided by oral argument. As required
by Rule 39.7, any party requesting oral argument
must note that request on the front cover of the
party’s brief.

And yes, there should be no need to reference a notice of motion with this appeal. Sorry for the confusion! I hope the above helps clarify.



AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 11743
Experience: 19+ Years of Legal Practice in Criminal Law.
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