How can I present my arguments to an appellate court?
In Indiana, you can present your arguments to an appellate court by filing a brief. A brief is a document that explains why a court should rule in your favor. It should contain all relevant facts and legal arguments you want the court to consider. Your brief should include a summary of the facts and history of the case, a statement of the legal issues to be decided, and legal arguments explaining why you believe the court should rule in your favor. When discussing the facts, you should refer to the record or transcripts from the trial court as evidence. You should cite the exact evidence or testimony that supports your position. In addition to arguments from the trial court, you should include legal authorities that support your position. This could include previous decisions from appellate courts, statutes or regulations, and scholarly articles. You should explain the relevance of each authority and how it supports your argument. Finally, you should include a clear conclusion that explains why the court should rule in your favor. This should include a discussion of how the facts and arguments you presented support your conclusion. It is important to remember that you should not make any new arguments in the appellate court that were not made in the trial court. The appellate court will only consider the arguments presented in the briefs and the records from the trial court.
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