Court Statements: Beginner’s Guide to Understanding
A court statement is essentially a breakdown of what you want from the court (i.e. an order). It explains why you are asking for a certain order, and why the order is appropriate. It also explains how your order meets relevant statutes, rules, and policies. Essentially , it is a point by point overview of what relevant issues need to be examined. Court statements are often a requirement in court if you have more than two issues to address. The opposing side may also be required to file a response.
There are a number of different types of court statements that may be requested during different phases of the case. For instance, you may need to file an asset & debt declaration, child custody mediation response, judgment, financial disclosures, Statement of Decision, Statement of Damages, or Judgment Checklist.
How to Write a Clear and Concise Court Statement
Like all forms of legal writing, a well written court statement should reflect three essential elements: clarity, relevance, and factual accuracy. The latter also incorporates a requirement of truthfulness. In a plea court statement, you must put in some detail as is necessary to satisfy the requirements of factual accuracy while still maintaining the requirement of brevity. An even heavier emphasis should be placed on all of these elements in a trial court statement. Without going into details about what we believe should be in every court statement, let’s consider each of these in turn:
Clarity- The statement should be clear. Do not take a short or simple thought and make it long or complex. Bulleted or enumerated sections or paragraphs can help make longer statements easier to review and digest. For example, a court statement should use objective language and refrain from using adjectives such as "angry", unless necessary to convey the facts. Sentences such as: "I was so angry when I found out that Juanita had taken my lunch money and gave it to Big Bobby" would better be stated as a simple sentence noting that "I discovered that Juanita had taken my lunch money and given it to Big Bobby" with no adjectives. In addition, avoid repeating your pleadings or trying to make legal argument. To make the statement understandable to a lay audience, just make a statement of what the other party wrongfully doesn’t want you to know.
Relevance- The statement should be relevant. The statute requires relevance under Section 682.5(27)(a). As our Mississippi Supreme Court has noted, "when an issue is before this Court, any ruling on that issue is binding on the lower court in subsequent proceedings arising out of the same matter and should be applied." Estes v. State, 895 So. 2d 160, 162 (Miss. 2004) citing Washington v. State, 86 So. 2d 807, 811 (Miss. 1956). This is another way of saying that a statement should be related to the case and evidence in it. If you have other pleadings, whether in the same court or in another court, which would apply in the court making the statement, then include those in the statement for consideration and copy them as exhibits which you attach to the statement. For example, if you are trying a case involving an estray that you found and that the other party claims belongs to them, then if you have another estray case involving the other party, then you need to bring in not only any relevant pleadings and/or court orders dealing with the other estray case, but also any evidence you may have which would be admissible in that case. Without getting specific, consider what the other court cases you bring in as evidence has to do with the current case. Does it involve the same estray? Do the parties have the same relationship? Consider what is essentially before the court and make sure that any pleadings or other evidence which may potentially affect the issues before the court are included.
Factual Accuracy- Finally, truthfulness is critical. This is one reason that the statement should be in the first person because you cannot expect the court or a party to know what you have seen or heard secondhand. In a courtroom, you may present hearsay evidence, but there is no place for that in a court statement. In a plea court statement, only facts known based on personal knowledge can be included. In a trial court statement, although you may not be limited to presenting only those facts which are based on personal knowledge, you should be careful to not include impossible or suspiciously incredible facts. For example, a court statement could not state that Big Bobby gave Little Billy a Ferrari because that would not have been possible under the circumstances stated in the same statement. There is an exception to this factual accuracy, which occurs where a person is sworn in before giving their court statement and they swear that the facts are true.
The Components of a Comprehensive Court Statement
As with any piece of writing that constitutes a formal submission to the Court, a Court statement ought to be structured in a way that makes it easy to read and logical to follow. While this does not mean that there is a specific template that must be followed, the following structure can be used to ensure that nothing is missed out and that the reader (whether that is a Judge or opposing Counsel) can easily follow your submission.
1. A brief statement of the nature of the proceedings and relief sought. 2. Summary of the factual picture. This should be clearly stated by reference to documents where necessary, for instance "the parties were married in May 2000 at …". 3. The assets. If the parties enjoyed a beneficial interest in a trust this should be stated here along with the valuation of the fund. 4. Contribution, needs and sharing. After setting out the factual position the contributors made by each party (both financial and non-financial) should be stated. Is it the desire to divide the marital assets 50 / 50, or is there a good reason that the other party should have a larger share? These aspects of contribution and ‘needs’ should be set out so that it is clear how the reader should approach the question of how the marital assets should be divided. For a short form Court statement, these sections may not need to be separated out or elaborated upon, dependent on the facts of the case. However, detail is crucial if the Court needs to make a prediction as to what the future holds for one party, for example, in circumstances in which a very large spousal maintenance payment could not be met other than from capital.
The assets and liabilities can be presented in either a table format or narrative so that the reader clearly sees what assets are meant to be available for distribution.
5. Future budgets, whether upon needs, sharing or both, should be written out so that the Court can clearly see what it is that is being suggested (and ultimately asked for). See further below for details regarding suggestion. 6. Directions and questions for the Court. In order to be able to suggest what directions the Court ought to be made, you must have a clear idea of what next steps you would like to make progress on. A one size fits all approach is not always the best way of constructing a Court statement. 7. Precedents and other authorities. This is not always necessary, but if there are any reported judgements that guide your submission or that you wish the Court to take into account, these should be referred to and attached to the Court statement.
The Art of Persuasion: Writing an Effective Court Statement
A persuasive court statement is a critical component of effective legal advocacy. A well-written statement not only helps in presenting your case effectively, but it can also influence decision-makers and sway the outcomes in your favor. Here are some strategies to consider when crafting your court statement: Using clear and concise language is essential for a persuasive court statement. Avoid using legal jargon and complex legal terms. Write your statement in plain language and keep it as short as possible. Your solicitor will be able to convert this into a more formal document at their end. Good communication leads to better understanding, which can strengthen your case. Consider supporting your claims with evidence. In many cases, providing context or compelling examples can help you make your point more persuasively. Evidence may also include witness statements, expert opinions, or documentary sources. Be cautious of relying too heavily on hearsay or irrelevant information, which can undermine your position and weaken its persuasiveness. Anticipating and addressing potential counterarguments is an important step in writing a persuasive court statement. By presenting a well-rounded view that considers other perspectives, you increase the chances of convincing your audience. For example, if you know that the opposing party will provide conflicting information, address that information and give your response in your court statement. Acknowledging alternative points strengthens your credibility and shows your commitment to presenting a balanced case. Be mindful of the tone and style of your court statement. Formal documents typically call for a formal tone, so maintain a level of professionalism and avoid overly casual language. Similarly, you should carefully consider the balance between assertiveness and humility. While you want to make your case confidently, to make it persuasive you should not come off as rude or argumentative. Be honest and truthful in every aspect of your court statement. The consequence of lying in a court statement is that it can render your entire statement as unreliable and therefore, open to being more easily countered. Further, some may be tempted to misrepresent themselves in hopes of appearing better than they are. Don’t do it! A court statement will always be limited to candid thoughts from the writer, so just be yourself. Reassure your lawyer of the true circumstances about yourself before they begin preparing for the court statement. Seeking legal assistance is recommended when preparing a court statement. Not only will you feel more confident about what is and isn’t appropriate to include in your case, but legal advice may also prove useful during the drafting and reviewing process.
Writing a Court Statement: Common Pitfalls to Avoid
One of the most common mistakes people make when writing court statements is losing sight of their goal. A court statement is not just a means of airing grievances or explaining your side of the story, although these may be a natural byproduct of effectively communicating the facts of your case. Your goal is to persuade the judge of your position so you get the result you are looking for in court.
If you allow your emotions to get the better of you, the judge may see only your emotional state and not the facts. While this will be natural when dealing with such issues as divorce, domestic violence and child custody, you need to separate your feelings from your case to ensure you get the outcome you want. Be sure to get straight to the facts without clouding them with your emotional response to them.
Another common mistake is including information that is irrelevant to your case. If you are focusing on small infractions instead of the ones that are relevant to your case , you risk appearing as though you don’t have a good grasp on your case. Stick to the facts you need to present and only include other information if it is relevant to your broader point or helps to illustrate your stance.
A less common but equally serious mistake is failing to follow court guidelines. Every court has its own rules regarding how documents should be formatted, and it’s important to be aware of them to avoid filing your statement incorrectly. The last thing you want is to file your statement with the proper information only to have it rejected because the formatting isn’t in compliance with the court’s guidelines.
Finishing Touches: Revising and Proofreading Your Court Statement
Final review and editing is an essential step in the process of preparing an effective court statement. This stage involves carefully evaluating the draft for accuracy, clarity, and completeness. It is critical to identify any factual inaccuracies, typographical errors, and ambiguities. Additionally, ensure that all proposed orders correspond precisely with the statements and arguments presented in the body of the document. Any discrepancies in the document can raise issues of credibility.
An attorney is usually the person in charge of overseeing the review process. An initial review is typically conducted by administrative staff, such as paralegals and legal assistants, who will then direct the draft to the attorney. Attorneys must be vigilant in using spell check and grammar check in their word processing programs to minimize any potential mistakes. However, these automatic features may not catch all errors. For example, it can be easy to mistakenly insert a conjunction instead of a period or leave out the "no" in "no error" in a statement of decision. The proofreading process also gives attorneys a chance to review the trial court’s order before submitting the statement. Once in a while, trial attorneys will either forget or skip this step, which is essential to ensuring that the form of the proposed order precisely reflects the court’s statement of decision.
Getting Legal Help: When to Consult a Lawyer
In some instances, clear and concise language may elude even the most well-versed individual. While most people have adequate skill in written communication, legal contexts often require a heightened level of language mastery. In these circumstances, hiring a professional to craft your court statement can be immensely beneficial. Not only do lawyers and experienced legal professionals have a thorough understanding of the law, they also have significant experience in preparing convincing legal arguments.
However, seeking outside support is not necessary in every scenario. Individuals who are detailed , organized, and confident in their written communication may not need legal assistance to prepare their court statements. That said, those who lack experience with legal terminology, or who are overwhelmed by the prospect of preparing an official document for court, may benefit from hiring a professional.
A lawyer can ensure that your statement is written in accordance with legal formatting standards, and they might provide insight into what information is crucial to include in your statement to make the best possible case for your side of the story.