- Find Attorney
A trial brief is governed by civil rules of procedure and local court rules, which vary according by court. Particular judges may also set guidelines for submitting trial briefs. Some courts may allow only oral arguments rather than written trial briefs. A trial brief sets forth the facts, evidence, and legal arguments the party intends to present at trial. They are typically supported by citations to legal authority, such as statutes or case law, but may also cite authoritative writings, statistics, or other sources.
The length of a trial brief may be voluminous in some cases, or merely a page summarizing the issues and evidence in others. You should consult the rules of your court concerning format, page length, and citation. A trial brief is also sometimes called a trial memorandum or memorandum of law.