Statement of Facts

VTLA Convention–Panel on Treatment of Facts on Appeal

By Jay O'Keeffe on March 31, 2011

The VTLA’s annual convention starts this afternoon at the Homestead.

In a remarkable error of judgment, they’ve invited me to speak on a panel about statements of facts in appellate briefs.

It should be a fun talk. Roger Creager is moderating the panel, and David Hargett and Steve Garver are the ~~real~~ other panelists. I’m …

Good Ideas That I Stole From Smart People: Narrate the Facts Found, Not the Evidence Presented

By Jay O'Keeffe on December 31, 2010

Posted in Appellate Practice

I was flipping through my copy of Aldisert this afternoon and, as often happens, I came across a gem: in your statement of facts, narrate the facts found, not the evidence presented. As the judge explained:

I repeat for emphasis that what counts are the facts found by the factfinder. When a jury determines the

…

De Novo

Statement of Facts

VTLA Convention–Panel on Treatment of Facts on Appeal

Good Ideas That I Stole From Smart People: Narrate the Facts Found, Not the Evidence Presented

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