What is a Trial Brief?
A trial brief is a formal legal document that is filed with the court during the pre-trial or trial phase of a case. A trial brief typically is filed with the court to address evidentiary and legal issues for the court to consider in adjudicating the case as it proceeds. Although most courts and judges set specific guidelines and orders for how and when counsel for each party can submit trial briefs, these trial briefs are typically very significant because they clearly establish the facts, evidence, and legal arguments that the filing party wants to present during the trial. Relevant citations, including case law precedent, statutes, local regulations, and statistical and legal expert writings are used in support of a party’s position.
Why are Trial Briefs Important?
The pre-trial process and the trial itself are both crucial to the outcome of the case for the parties involved. Trial briefs are often used to streamline issues in a case, outline and summarize relevant authorities, and educate the Court regarding each party’s legal argument and evidentiary objections. Trial briefs can include the following motions: briefs to compel the production of documents or material information related to the case, briefs to exclude evidence (i.e. motion in limine), briefs to dismiss the case or a particular cause of action in the case, and briefs in connection with evidentiary and procedural disputes. Most importantly, trial briefs can include summary judgment or oppositions to those motions for summary judgment, which are critical to the outcome of the case. Motions for summary judgment are more likely to be filed and granted in employment cases than in any other type of civil case filed in federal court, and grants of summary judgment rarely are overturned on appeal.
How to Write Trial Briefs?
Writing a persuasive and detailed trial brief is significant because it will allow you to efficiently present your issues and arguments to the court and to the opposing party. Some of the many important things that should be considered while handling trial briefs are filing such briefs in accordance with the proper deadlines, drafting clear and convincing arguments that convey your position and support your allegations, and citing to the proper legal authorities to support your argument. Preparing and submitting a trial brief can be difficult for those litigators with a robust trial practice. Legal outsourcing provides a valuable tool to help litigators streamline their practice without increasing their in-house spend. Kimberlee Gee Legal is experienced in preparing trial pleadings and briefs, which will be file-ready and will present your case successfully to the Court.