Appellate Law

Introduction Stricken As Argumentative

By Steven R. Merican

The Illinois Supreme Court rules require appellant?s merits brief to have an introductory paragraph. The introduction normally is described as the ?Nature of the Action.? I often see appellant merits briefs that have long and argumentative ?Nature of the Action? sections. The Second District Illinois Appellate Court recently struck one that was just too much. Here?s why:

Supreme Court Rule 341(h)(2) ? governs the requirements of the introductory paragraph. It provides that the introductory paragraph consist of a statement of the nature of the action, the judgment appealed from, whether the judgment is based upon a jury's verdict, and whether any question is raised on the pleadings ? Moreover, only the appellants' brief is required to contain an introductory paragraph. The appellee's brief may include one to the extent that the presentation by the appellant is deemed unsatisfactory ? Argument is not to be included in the introductory paragraph ? Defendants' introductory paragraph is two pages long with one footnote. As vigorously as defendants try to justify it, the entire introductory paragraph is argumentative in violation of the rule. Accordingly, we grant the motion to strike.

The whole case, Artisan Design Build v. Bilstrom, No. 2-08-0855 (as corrected 3/4/10), is right here.

The lesson is: Resist the urge to argue in the introductory paragraph. Just because you can throw down the gauntlet at that point doesn?t mean you should. The rules do not instruct you to do so. And most important is that your audience is not looking for your argument in the introduction.

Full post as published by Illinois Appellate Lawyer Blog on May 06, 2010 (boomark / email).