writing the trial brief 1

The case Dorite v. City of Lyons is going to trial in two weeks. The Plaintiff’s attorney, Rich N. Moore, asks that you write a trial brief for Judge Dan Patch who is notorious for favoring the government side of a case. Moore tells you the key issue is whether the facts in the Dorite case establish that the City owed a duty to Plaintiff to maintain the street where she fell. He tells you to use the three cases you used for your internal memorandum of law. Those three cases are Curatola v. Niles, 154 Ill.2d 201, 608 N.E.2d 882 (1993), Gutstein v. City of Evanston, 402 Ill. App.3d, 929 N.E.2d 680 (App. Ct. 2010), and Vaugh v. City of W. Frankfort, 166 Ill.2d 155, 651 N.E.2d 1115 (1995). He asks that you limit your trial brief to four pages, (not including the APA cover page and reference page) because Judge Patch is busy and often does not read more than that in any brief submitted to him. As you leave his office, he reminds you that a trial brief is an advocacy document.

Mr. Moore tells you that in the Circuit Court of Wigmore the local rules for a trial brief require only the following component parts.

1. Caption of the case with court number 2016 L 1234
2. Name of the Document-
3. Table of Authorities
4. Introduction or preliminary Statement;
5. Statement of Facts
6. Statement of Issue
7. Argument
8. Conclusion;
9. Signature and Date
10. Certificate of Service on B.G. Brothers, Stahl & Beetum PC, 13 Legal Ave., Wigmore, IL 00001