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At the trial, the presiding officer may ask the parties to submit a post-trial brief, position statement or memorandum, and may ask the parties to agree on a due date. No new evidence is allowed as part of the post-trial brief, position statement or memorandum. Generally, the Board gives the parties 30 days to submit simultaneous post-trial briefs, statements, or memoranda. You may ask for more or less time. Parties use the briefs, position statements or memoranda to summarize the evidence and their arguments in writing. You may direct the Board’s attention to the admitted evidence you believe supports your position. You may also present arguments as to why such evidence supports your position, and why you should prevail on each issue on appeal. You must send the opposing party(ies) a copy of the post-trial brief, position statement or memorandum that you file with the Board.
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WHAT IS A POST-TRIAL BRIEF, POSITION STATEMENT, OR MEMORANDUM?
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