Briefing Strategies: The Introduction — Preparing the Court to Decide Your Case

Introductions, or “Preliminary Statements,” have been in vogue for years. Many firms use them, and some courts (including New Jersey’s) have amended their rules to allow them. See R. 2:6-2 (permitting preliminary statement not exceeding three pages).

But lawyers use the Introduction differently. Most use it as a nutshell version of their brief, summarizing the arguments contained in the main body. Others use the Introduction to emphasize their client’s version of the facts. Still others use the Introduction to list the issues discussed in their brief. And some don’t use the Introduction at all.

What’s the best approach? Well, it depends on your case.

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