Legal Definitions - agreed statement on appeal

An agreed statement on appeal is a document jointly prepared and submitted by all parties involved in an appeal to a higher court. Instead of requiring the appellate court to review the entire, often extensive, record from the lower court's proceedings, this statement summarizes the essential facts, procedural history, and specific legal issues that both sides agree are relevant and necessary for the appellate court to consider. Its primary purpose is to streamline the appeal process by presenting a concise, mutually accepted version of the case's background, allowing the appellate court to focus directly on the specific legal questions in dispute.

• Example 1: Commercial Contract Dispute

  Imagine two businesses, "TechSolutions Inc." and "Global Logistics Corp.," had a dispute over a software development contract. The trial court ruled in favor of TechSolutions, and Global Logistics decides to appeal. Both companies agree on the original terms of the contract, the timeline of project milestones, and the specific clause that led to the disagreement. Their appeal focuses solely on the legal interpretation of that particular clause, not on whether certain events occurred. To expedite the appeal, their attorneys draft an agreed statement on appeal. This document outlines the undisputed facts about the contract and its performance, clearly stating that the appellate court only needs to decide the correct legal interpretation of the disputed clause, rather than re-examining every piece of evidence presented during the original trial.

• Example 2: Procedural Error in a Criminal Case

  Consider a criminal case where a defendant was convicted of a non-violent offense. The defendant's attorney decides to appeal, arguing that a specific piece of evidence was improperly admitted during the trial, violating the defendant's rights. Both the prosecution and the defense agree on the facts of the crime itself, the sequence of events during the trial, and *that* the contested evidence was indeed presented to the jury. The only point of contention for the appeal is the legal question of whether the admission of that evidence was permissible under the rules of procedure. To avoid the appellate court having to sift through the entire trial transcript, both legal teams create an agreed statement on appeal. This document details the undisputed facts of the trial and focuses exclusively on the legal argument concerning the admissibility of the specific evidence.

• Example 3: Family Law Custody Modification

  Suppose a judge made a decision to modify a child custody arrangement between "Ms. Chen" and "Mr. Rodriguez." Mr. Rodriguez appeals the modification, believing the judge did not properly apply the legal standard for determining the child's best interests. Both Ms. Chen and Mr. Rodriguez, through their attorneys, agree on the current living situation of the children, their school attendance records, and the financial circumstances of both parents. The appeal is not about these factual elements, but rather about whether the judge correctly interpreted and applied the relevant legal factors when making the modification decision. They prepare an agreed statement on appeal that clearly lays out the agreed-upon factual background regarding the children and parents, then precisely articulates the legal question for the appellate court: whether the judge correctly applied the legal standard for modifying child custody.