Hi again,

OK, with regard to your question when applicable to an EEOC matter:

What is the difference between an appeal brief and an appeal statement?

 

OK, typically a Brief is the formal presentation of information in a definitive format - with sections, point headings, etc. A Statement is not a formally defined document, it is typically for those that are not comfortable brief writing (pro se's) so that they are not denied the right to present their argument or position in writing. A statement runs the danger of non-being cohesive or organized in a way that will be present the arguments - since it is more free style. They also tend to be shorter, since they usually eliminated some of the sections in a brief, and they may be prepared by a person who objects to his loss below but doesn't really know the legal basis, if any, for doing so. It is similar to a letter brief or "memorandum" and is more free style (which is why there is no "form").

In addition:
I'm finding no proffered redacted statements from any attorneys (and apparently no pro se's have cared to share. Attorneys tend to use Briefs (we are wordy). It seems you have the suggested brief format. I"m not sure why you'd want to provide a statement, since they tend to be used when you have less to explain and just want to say, "the ruling should be reversed because _____". And this it is, literally, just that, a "statement" without a mandatory format.

But know this, if you do use a Statement rather than brief format, you WANT to provide as much clout as a Brief - you just need not use formal format of a brief. A brief assists the court or other adjudicating entity in that it provides for an organized presentation of everything so what one wants to jump to, they can easily find. A "statement" is typically less so, more like a "letter brief", which is why pro se's prefer it - they may not feel they can organize their arguments into the outline type brief format. Therefore, there is no "format" for a statement beyond making sure you get your facts and arguments in as to why the ruling should be overturned (and hopefully you have law supporting that overturning), what the lower adjudicator did wrong when making his decision. And using the brief format that you indicate you have been using is actually a great way of doing so in terms of putting things in the proper order at least. If you do decide to only submit a statement, you will want it to be short, as it is only a "statement" - if you find you need more, consider a brief so your reader can can be clear on all that you are putting forth.

If I Do come across an unexpected "statement" I will link you to it - but I think it is unlikely for the above reasons (perhaps you will post one to the 'net when you are done and have succeeded - for others?). But using your brief structure to organize your statement is a smart move.

Hope this helps you to know the difference between the two!

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