| 1. | Explain how the case reached its current state (e.g., on appeal from a summary judgment order, on remand from an appellate court). |
| 2. | Tell the court which relevant decisions and orders were issued earlier in the case. |
| 3. | Emphasize a lower court’s helpful factual findings and legal reasoning. |
| 4. | Deemphasize or subtly undermine adverse findings and reasoning. |
| 5. | Use the posture to smuggle in helpful atmospheric details from the earlier stages of the case. |
| 6. | Show that your client preserved (or that the other side waived) objections and arguments. |
| 7. | Steer readers to the location of important record materials. |
| 8. | On appeal, emphasize helpful dissenting or concurring opinions from earlier in the case that support your client. |
| 9. | When you want to reverse or vacate a lower court’s order or opinion, help the reviewing court to see exactly what orders or opinions it would need to reverse or vacate. |