8.5.10 STATEMENT OF THECASE

Writing an effective statement of the case is addressed in Chapter Nine. For now you should keep in mind that the statement usually includes both facts and procedure and always includes citation to the record.²² Attorneys writing motion briefs do not usually have a formal record available, but you should cite to the pleadings (by paragraph) and to any other documents that you drew the fact statement from (and that the court has before it), including affidavits, depositions, answers to interrogatories, or written admissions or stipulations of fact.