“The statement of facts is another of those critical parts of the brief …. Two principles are at war in drafting the statement of facts. First, judges want and some circuit rules require a nonargumentative, ‘fair summary without argument or comment.’ Conversely, you want a statement of facts that persuades the judges to rule for you as soon as they finish reading it. Satisfying both ends requires some balancing.” David G. Knibb, Federal Court of Appeals Manual § 31.7, at 549 (4th ed. 2000).
agreed statement of facts. A narrative statement of facts that is stipulated to be correct by the parties and is submitted to a tribunal for a ruling. • When the narrative statement is filed on appeal instead of a report of the trial proceedings, it is called an agreed statement on appeal.
— Also termed agreed case. [Cases: Appeal and Error 845(2); Stipulations 14(10), 18(7). C.J.S. Appeal and Error §§ 707, 709; Stipulations §§ 92–98.]
