If there’s never a second chance to make a first impression, as the cliché goes, what’s the first impression to be made in appellate advocacy? Easy: the required statement of issues presented for review. Both Federal Rule of Appellate Procedure 28(a)(5) and Texas Rule of Appellate Procedure 38.1(f) require one.
True, the statement requesting oral argument, if there is one, offers an earlier chance to grab the court’s attention and make the case sound important. But the statement of issues represents the first opportunity to home in on the specific legal questions at the heart of the appeal and suggest why the court should resolve them in your favor.
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