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A brief supports a motion to set aside default. The record helps the client because she quickly contacted counsel after learning of default, but it also shows she failed to check the docket for 38 days.
How should the brief handle the 38-day delay?

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Mention the delay only in a footnote and call it harmless without analysis. Concede that the delay defeats the motion because any bad fact is fatal in a persuasive brief. Describe the delay accurately, frame the circumstances explaining it, and argue why the governing good-cause factors still favor relief. Omit the client's 38-day delay because a persuasive brief should include only helpful facts.

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