trial-brief

name	trial-brief
title	Trial Brief
description	Drafts persuasive trial briefs for commercial litigation. Triggers when the user needs a pre-trial brief to frame the case theory, secure favorable rulings, or establish evidentiary groundwork. Use during the pre-trial phase after dispositive motions are resolved.
author	CaseMark
author_url	https://github.com/CaseMark/skills/tree/main/skills/legal/trial-brief
license	Apache-2.0
version	0.1.0
execution_mode	open
jurisdiction	us
practice	litigation
language	en
tags	["brief","drafting"]

Trial Brief

Produces the pre-trial brief — often the judge's first substantive engagement with the case and the primary vehicle for presenting a cohesive narrative before trial.

Quick Start

Gather before drafting:

1. Pleadings — complaint, answer, counterclaims, amendments
2. Discovery record — deposition transcripts, interrogatories, document productions, expert reports
3. Prior rulings — summary judgment orders, evidentiary rulings, case management orders
4. Key exhibits — documents, communications, photographs supporting the theory
5. Local rules — formatting, length limits, citation style, deadlines, judge preferences
6. Remaining issues — what survived dispositive motions and is left for trial

Document Structure

1. Caption and Preliminaries

• Full caption matching court records (division, case number, judge)
• Table of Contents with argumentative headings (advocacy tool, not neutral labels)
• Table of Authorities (constitutional provisions → statutes → regulations → cases)
• Procedural history from filing to current posture

2. Introduction and Theme

Open with:

• What this case is fundamentally about — not just legal labels
• Party relationship, what went wrong, the harm or defense
• Central theme as narrative framework:
  • Good: "Defendant's calculated abandonment of obligations after securing the bargain's benefits"
  • Bad: "Breach of contract"
• Roadmap of brief organization

3. Statement of Facts

• Chronological, thematic, or hybrid narrative
• Every assertion cited to record (deposition page:line, exhibit number, Bates stamp)
• Quote favorable testimony and contemporaneous documents
• Address unfavorable facts directly — frame in context, never hide
• Use subheadings for digestibility

4. Issues Presented

• Frame as precise questions suggesting favorable answers:
  • Good: "Whether defendant's failure to deliver conforming goods within the contractual timeframe, despite repeated demands and cure opportunities, constitutes material breach"
  • Bad: "Whether defendant is liable for breach of contract"
• Sequence: threshold issues → merits issues
• Each issue maps to an Argument heading

5. Legal Argument