Beginning the statement of facts
Each one of these excerpts is the first paragraph of a statement of facts in a brief. What do they have in common?
Wayne Schiess
Website | Seminars | Articles | Books: Preparing Legal Documents Nonlawyers Can Read and Understand | Better Legal Writing | Writing for the Legal Audience | The Legal Memo: A Basic Guide
- At approximately 10 p.m. on January 10, 2007, Plaintiff Jane Skinner and her boyfriend, Adrian Vasquez, went to room 101 at the Deluxe Inn in El Paso, Texas, to visit their friend, Fred Wright, who was a paying guest of the motel. . . .
- On June 21, 1998, Defendant Alan Bodily, traveling at about 80 miles per hour on Highway 101 in Emmett, Idaho, crashed into Plaintiff Ella Francis. . . .
- On June 25, 2000, the Government served Gerardo Colangelo, a Legal Permanent Resident of the United States, with a “Notice to Appear” in removal proceedings brought under section 240 of the Immigration and Naturalization Act. . . .
- In the early morning of February 18, 2005, Plaintiff, Richard Lester, alleges that he incurred personal injuries when he was throwing a railroad switch at the Plantsman Refining Company facility. . . .
- On June 24, 2002, Plaintiff originally filed this malpractice action against TCA Health Services of Indiana, Inc. and Elizabeth Randall, D.O. for care and treatment he received at Hoosier Medical Center. . . .
- On March 12, 2002, Willie Webb attended a public meeting of the Lewis City Council. Webb is a community activist and a journalist who often attends meetings and speaks on matters pertaining to the plight of the homeless. . . .
- By way of background, on the 31st day of January, 2007, Rene Stepanik (Plaintiff/Appellant) was staying at a hotel in the city of Westin. While at the hotel, she was approached by Hays County Deputy Cort Williams. . . .
- In the late evening of September 24th, 1999, June Besel’s home was stormed by a tactical team of law enforcement officers made up of different State and Federal Agencies. . . .
- On December 23, 2005, the Seattle City Council enacted Ordinance 22 of 2007 (the “Ordinance”). It became effective in the City on December 30, 2005. The Ordinance provided for an 8-foot personal bubble zone. . . .
- On June 25, 2007, the Board adopted two rules, which are contained in the Addendum for ease of reference. The first rule amended the Admin. Code § 26.095, which specifies the professional responsibilities of realtors. . . .
Wayne Schiess
Website | Seminars | Articles | Books: Preparing Legal Documents Nonlawyers Can Read and Understand | Better Legal Writing | Writing for the Legal Audience | The Legal Memo: A Basic Guide
Because that's how attorneys are taught to write?
Wayne says:
Nope.
Tradition. Habit. Ease. But there ain't no legal writing teachers out there telling law students to start the facts with a date.
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Because they think judges and clerks are impressed with attorneys who know how to punctuate dates?
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Maybe from journalism? Who, what, where, *when*, how. It seems basic to storytelling to begin with a date.
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Often the sequence of events is important, as well as a rough idea of the elapsed time, but rarely is the specific date important -- though when it is, it's critical.
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The problem with the dates is that details don't belong up front.
Up front, they're a burden.
Start with the big point, then get into the nitty gritty.
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