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properly to introduce his evidence in accordance with the is- 
sues and his theory of the case and to present the law in sup- 
port of that theory. It should, therefore, in addition to the 
title of the case, contain: 
1. A statement of the issues, or abstract of the pleadings ; 
2. A schedule of the facts which must be proved to sup- 
port the case; 
3. A synopsis of the evidence — oral and documentary — to 
be adduced by the various witnesses and papers with the 
names of each; 
4. A statement of the facts which the adversary must 
prove in order to support his defense ; 
5. The statute or statutes, if any, relied upon ; 
6. The authorities in support of the attorney's theory of 
the case, and those against the theory of his adversary; 
7. Prayers for instructions that the court will be asked to 
give the jury, each on a separate page. 
The importance of the trial brief cannot be overemphasized. 
It is too frequently neglected by United States trial attorneys. 
It not only aids the attorney in the proper preparation of his 
case for trial, but it helps him in the orderly conduct of the 
same, prevents his omitting some important step in the heat 
of the trial, and enables him to make a better impression upon 
client, court, and other attorneys by his readiness to cite au- 
thorities fully to sustain every contention which he may find 
it necessary to make in connection with every phase of his 
case. The trial brief may also be of use after the trial is 
over in making motions for a new trial or in arrest of judg- 
ment and in preparing a brief on appeal if any appeal is taken. 
Brief on Appeal. A brief on appeal, or appeal brief, is a 
complete memorandum of a legal controversy, for the guidance 
of an appellate court, giving the facts out of which the con- 
troversy arose, the decision of the lower court, the grounds 
upon which a review is asked, and the reasons why the trial 
court should be reversed or affirmed. The rules of the Su- 
preme Court of the United States and of most state courts 
prescribe the contents of a brief. In general they provide 
that the brief shall contain : the title of the case, a preliminary 
statement, a statement of facts, an assignments of errors, the 
questions involved, the argument, and a conclusion. 
