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8.5.12 THE ARGUMENT

Much has already been written about the argument; I will simply note here that you should consult local rules to see what limitations exist, if any. Some trial courts specify that counsel should cite only or primarily to courts of the mandatory jurisdiction, and may ask for copies of any nonjurisdictional sources.

Some courts may ask counsel to formally list any relevant authority that goes against counsel’s argument. If you are writing a memorandum in support of a motion for summary judgment, the court may ask you to list the material facts that you claim are not in dispute, and cite to the pages in the record materials on which each undisputed fact can be found. If the party opposing the motion disagrees that the facts are undisputed, he or she may be required to note, for each disputed fact, the pages in the record that show that a dispute exists. Thus, it is important to consult local rules to make sure that your document meets all requirements.

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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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