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TexLaw
TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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when writing a statement of the case in an appellate brief

Customer Question

when writing a 'statement of the case' in an appellate brief - do you also write about appeal to administrative agency etc. that happened before the case was filed in the court ( for instance, the plaintiff first requested the police agency, when they did not agree, teh plaintiff appealed to US dept. of justice, when they agreed with the police, the plaintiff filed this case) - or are these facts that need to be written in a the 'statement of facts' ?
Submitted: 3 years ago.
Category: Legal
Expert:  TexLaw replied 3 years ago.
Hi,

Thank you for your question.

The statement of the case section should only briefly mention the administrative portion of the claim, unless the case is specifically about administrative law. The real concern here though is providing the appellate court with an understanding of how the case came to an appeal. Thus, the administrative claim which led to the court claim is relevant, but only in passing.

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Best Regards,
ZDN

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