The statement of the case provides the court with information about the procedural life of the case before it, as well as about the relevant facts that led the parties to court.

For this reason, it is known familiarly as the statement, the statement of the case, and the fact statement. Some writers of appellate briefs use these last two categories as headings to divide their statement into factual and procedural categories.

Although fact statements for appellate briefs and motion briefs have many common challenges, fact statements for motion briefs present some unique difficulties. The author of an appellate brief often has a well-developed record, with findings of facts articulated by the court below. In contrast, the writer of a motion brief may be working from a complaint or from other documents alleging facts that must be taken as true, even though no court has made formal findings of fact. Nevertheless, both writers of motion briefs and writers of appellate briefs must follow similar formal requirements and can use similar persuasive techniques.