Trial Practice

Pretrial

Trial Brief

Trial Brief

Trial Brief

A trial brief summarizes the claims and defenses, states the applicable law, identifies anticipated evidentiary disputes, and may address damages. Requirements and length limits are set by local rule or the pretrial order.

It is submitted before trial begins.

Alternative Names:

Trial Memorandum, Pretrial Brief

Why it Matters?

The evidentiary issues section is where a trial brief earns its cost, since flagging anticipated disputes gives the court advance notice and frequently produces a ruling before the issue arises in front of the jury. Judges appreciate briefs that identify the two or three genuinely contested evidentiary questions rather than reciting the entire case. Length limits are enforced and a brief exceeding them may be stricken.

Frequently asked questions

What is the most valuable section?

What do judges prefer?