1. Judicial Writing Wisconsin Tribal Judges Association January 10, 2019 9 AM to 4 PM
Paul Stenzel
Stenzel Law Office

2. Judicial Writing
OVERVIEW
Review agenda
What are your goals?

3. Judicial Writing
Purposes of writing a decision or order?

5. Judicial Writing
The Template
Introduction
Facts (Findings)
Analysis
Conclusions of Law
Orders

6. Judicial Writing Substantive decisions and orders Managerial orders
Judgments
Decisions on motions
Orders on the merits
Managerial orders
Scheduling orders
Setting over a matter
Allowing appearance by phone

7. Judicial Writing Introduction
Introduce the case (what is this case about)
Brief summary of decision and reasoning
Building the container
Tell the reader where the decision is going
Context

12. Judicial Writing Facts / Findings Summary of evidence
Testimony
Documents
Other
Credibility determinations
Judicial Notice

13. Judicial Writing Findings – may be oral (check your rules)
In most cases not in dispute or easy to determine with short amount of testimony
In contested hearings, potentially more difficult:
More facts
Testimony in conflict

14. Judicial Writing

15. Judicial Writing

16. Judicial Writing

17. Microsoft litigation – 1990s
Findings were 207 pages
412 paragraphs

18. Judicial Writing
In order for a court to make a finding of fact, the trier of fact must be satisfied that there is an evidentiary basis sufficient to meet the burden of proof.
Testimony --- Finding of Fact
Documents --- Finding of Fact
Judicial Notice -- Finding of Fact

19. Judicial Writing Analysis Summary of parties’ positions
Identifying issues (issue spotting)
Summary of relevant law
Application of law to facts
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20. Page 14 of materials

21. Judicial Writing

22. Judicial Writing Conclusions of law Specific legal orders or findings
Sometimes analysis can be within the Conclusions of Law.

24. Judicial Writing
Page 17 in written materials – Case #1

25. Work on case scenarios as time allows.

26. Judicial Writing Legal Research (Page 34 of materials)
What is the research topic or question?
Want to go outside your jurisdiction?
What are your resources / sources?
Print
Online
Pay or free

27. Judicial Writing Learning how to search Choosing your key words
Let’s practice
Substantial change in circumstances
4th amendment
Election dispute

28. Judicial Writing Stipulations (Page 35 of materials)
Gets to the heart of how judicial officials view cases.
What is the role / power of a court when parties are trying to settle?
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29. Who does a case “belong to”? The court or the parties? Both, neither?
What are the limits, if any, of what you will approve if parties have stipulated?

30. Judicial Writing
Agreements between parties in divorce actions are made in contemplation that the court must approve such agreements and usually that the provisions of the agreement, with such modifications as the court shall make in the interest of justice, shall be a part of the court's judgment.
* * * *
When a court follows and adopts an agreement of the parties making it a part of its judgment, the court does so on its own responsibility, and the provisions become its own judgment.
Miner v. Miner, 10 Wis. 2d 438, 443 (Wis. 1960)

31. Judicial Writing Summary judgment and Motions to Dismiss
Page 36 of materials

32. Judicial Writing Scheduling orders (page 37)
Usually to impose some structure on the case
Manage the case and give deadlines

33. Judicial Writing
Whether to write and how much (or how formally) (p.38 of materials)
Complexity of case
Are parties represented
How well developed is law
Length of order
Need for detail
Intended audience

34. Judicial Writing Writing for the Appellate Court
(page 39 of materials)
Making a good record
Explaining key findings / conclusions
Considering all factors

35. THANK YOU! www.paulstenzel.com Attorney Paul Stenzel
Stenzel Law Office, LLC
PO Box 11696
Shorewood, WI
This presentation will be
available on my web site.