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13.5.2 THE ARGUMENT ITSELF

We have already discussed substantive and organizational information regarding the argument itself; Section 13.6 below addresses how to handle questions during the argument. The transition point from the introduction to the argument is simple.

After you have finished the introduction, simply move to your first point. Do not wait for the court to tell you to go on. Although many advocates provide a full sentence of transition between introductory material and the argument, rarely is such a formal shift necessary. Instead of saying, “Now that I have laid out the issues, I will address the first of the three points of my outline,” it is usually more effective to be briefer, e.g., “turning to the first issue...” or even “First,...” A shorter transition saves both time and the court’s patience. If you have prepared effectively, you can proceed to your first point, the rule governing it, the support for that rule (if needed), and the discussion of how that rule applies to the facts. Handling questions from the bench is discussed in Section 13.6.

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Source: Beazley Mary Beth. A Practical Guide to Appellate Advocacy. Fifth Edition. — Wolters Kluwer Law,2018. — 475 p.. 2018
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