The Table of Contents Is Important
The table of contents can be viewed as a technical obligation. More than once, I
have seen a table of contents along the lines of:
Perhaps this minimally complies with the technical requirements. But what does it tell the
reader about the case? Nothing.
Although not all readers spend much time on the table of contents, for those who do,
the table can provide a helpful roadmap. The table of contents is the first introduction to
the case and the first chance for advocacy. Don’t miss that opportunity. Use the table to set
the tone of the brief, to make sure that headings work and are convincing, and to provide a
roadmap, on a single page, of what to look for when reading the brief.
An Introduction?
Although not mentioned in the rules, a very short introduction—perhaps just a few sentences—
What is not helpful, however, is an “Introduction” that runs several pages and duplicates the statement of facts and arguments that follow. When used, an introduction should be short and to the point
and provide a roadmap of the arguments that follow.
The Statement of the Case
The statement of the case can be, and often is, combined with the statement of the facts. Combining the
two works well in most cases and can avoid repetition.
When provided separately, a helpful statement of the case is a bridge from the table of contents to
the statement of facts, narrowly focusing the reader on relevant filings, hearings, rulings, and so forth, as
well as appellate jurisdiction. A not-so-helpful statement of the case catalogues everything that happened
prior to the appeal (regardless of relevancy) or simply parrots the statement of facts. These not-so-helpful
approaches appear with some frequency, which may explain why I often don’t spend much time on the
statement of the case.
35 DECEMBER 2013 ARIZONA ATTORNEY
HON. SAMUEL A. THUMMA is a Judge on the Arizona Court
of Appeals, Division One. He previously served as a Judge on the
Arizona Superior Court in Maricopa County for nearly five years.
The views expressed are solely those of the author and do not
represent those of the Arizona Court of Appeals.
TABLE OF AUTHORITIES................................................ 1
STATEMENT OF THE CASE............................................. 6
STATEMENT OF ISSUES................................................... 8
ARGUMEN TS ..................................................................... 9
CONCLUSION ................................................................. 22
Writing Appellate Briefs
