September 25, 2009
Attention Legal Research and Writing Profs: Example of How Not to Draft Court Filings Provided by Judge's Mark-Up of One; Note the Order
Hat tip to ATL's Elie Mystal for calling attention to this one! A local attorney in Daytona Florida, received "editing assistance" from U.S. District Judge Gregory Presnell in the form of this order:
This matter came before the Court without oral argument upon consideration of Plaintiff’s, Carolyn Nault (“Plaintiff”), Response to this Court’s Order and Motion for Voluntary Dismissal (collectively, the “Motion”) (Docs. 21 and 22). Upon review, it is ORDERED that the Motion is DENIED without prejudice for failing to comply with Local Rule 3.01(g), for failing to secure a stipulation of dismissal from Defendant pursuant to FED.R. CIV. 41(a)(ii), and for otherwise being riddled with unprofessional grammatical and typographical errors that nearly render the entire Motion incomprehensible.
It is FURTHER ORDERED that Plaintiff’s counsel, David W. Glasser, shall re-read the Local Rules and the Federal Rules of Civil Procedure in their entirety. Furthermore,Mr. Glasser shall personally hand deliver a copy of this Order, together with the Court’s exhibit attached thereto, to his client, Carolyn Nault, by no later than Monday, September 21, 2009. By no later than Wednesday, September 23, 2009, Mr. Glasser shall file with the Court a “Notice of Compliance,” certifying to the Court that he has fully complied with this Order.
See the ATL post to view the attached exhibit which is a mark-up of the attorney's motion, apparently in the judge's own hand. Like Elie, "I’ve been known to make the occasional grammatical or typographical error." Well, more than occasionally but hell, these are blog posts, not court filings. [JH]