CBA Record April-May 2019

Pointers for Appellee’s Argument

–Answer questions asked during appellant’s argument.Your answers may differ. –Remember you won–emphasize the judge or jury’s findings in your favor. –Remind the court of the standard of review that the appellant must overcome if it is favorable to you.

–Answer appellant’s major points or raise points that they avoided. –Prepare to address appellant’s misstatements on the law or facts.

Pointers for Rebuttal Argument

–This is not an opportunity to raise new issues that you did not raise before in your opening argument. –Respond to the appellee’s arguments, particularly if they misstated the law or facts. –Respond to questions of the court if asked of the appellee.

–Do damage control if the appellee has been particularly effective in counter- ing some of your issues. Do not ignore those arguments; if you do, it may be taken as a concession. –Remember to repeat the relief that you are seeking before you close.

Pointers Post-Argument

–Listen or watch the argument on tape. Most arguments are on the court’s website either in audio or video form. –If youmisspoke during the argument, inform the court with a letter indicating where you misspoke and what your answer should have been–there should

be no new or additional arguments made in your letter. Use this procedure sparingly. It should not be intended as a second bite of the apple–it is only when you truly misspoke and need to correct the record.

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