Monday, September 25, 2006

filing a motion when a brief is more appropriate

In a very recent case, the Seventh Circuit (specifically, Judge Easterbrook) does not take kindly to a party's attempt to evade brief length limitations by presenting some of its points as an "absurd" motion to strike portions of the opposing party's brief rather than address them in the reply brief.  The sanction?  Take the number of words in the problematic motion, double it, and subtract that from the permitted length of the reply brief wherein the points should have been made in the first place.

hat tip:  Molly Lien, The John Marshall Law School - Chicago

(njs)

http://lawprofessors.typepad.com/legalwriting/2006/09/filing_a_motion.html

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» Briefs are short from Objective Justice
It is important to remember why they call it a brief. In case you've forgotten, it is because they should be short: [Read More]

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