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8.5.6 OPINIONS BELOW

Presume that you do not need this section in your motion brief. You would need to include it only in the unusual circumstance that you are filing a motion in a case with a procedural history that includes relevant written decisions. If citations to these decisions are available, provide them; if the opinions are also (or only) available in record materials, make that clear as well—e.g., “The decision of the Second Circuit Court of Appeals is found at 101 F.3d 101 and at page 73 in the Record.” If a decision is not available in a publication or online, you should attach a copy of the decision, and indicate as much in this section: “The June, 2014, decision of the Agency is attached as Appendix I.”

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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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