One is not true and the other false. Each is true, and the writer has met his or her ethical obligation not to distort the facts. The professional writer always keeps the audience and the objective in mind. The judge is the audience and the objective is to convince him or her to rule in the client's favor. It is important, therefore, that these sections state the matter succinctly, including the relief sought, so that the judge can learn enough about the case and about the client's position to rule favorably.
Professional writers know that, in law and motion practice, the brief is crucial.
They know the practitioner wants a tentative ruling in the client's favor, and does not want to dig out of a hole in oral argument. That is, if an opportunity to argue before the judge is even available. On summary judgment, there may no longer be a right to oral argument. Mediterranean Coast Co. v. State Farm Fire and Casualty Co. Therefore, the authors say, Until the Supreme Court addresses the issue, litigants should not count on using oral argument to explain, add to or put a new spin on their written memoranda.