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Category Archives: Local Rules

Style Guide for the United States Supreme Court.

06 Wednesday Dec 2017

Posted by Celia C. Elwell, RP in Appellate Law, Appellate Writing, Citations, Citations to the Record, Court Rules, Courts, E-Briefs, E-Filing, Federal District Court Rules, Legal Writing, Local Rules, State Appellate Courts, Style Manuals

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Legal Skills Prof Blog, Louis J. Sirico Jr., U.S. Supreme Court Style Guide

The U.S. Supreme Court’s Style Guide, by Louis J. Sirico, Jr., Legal Skills Prof Blog

http://bit.ly/2jnq60t

When I was starting out in my paralegal career, I created cheat sheets for filing motions and briefs in state and federal district courts. The rules, especially for federal circuit court briefs, are complex and require checking multiple sections, local rules, e-filing rules, and your judge’s personal court rules (if any exist). I found these cheat sheets were the most popular handouts at my legal writing courses and paralegal seminars, and included them in the Appendix of Practical Legal Writing for Legal Assistants.

Regardless of where you are in your paralegal career, I recommend creating a similar cheat sheet for yourself. Updating your cheat sheet when the rules change force you to examine every addition or revision. Keeping your cheat sheet current will reinforce the rules in your mind, and will help you stay on top of your game.

When it came to analyzing rules for the U.S. Supreme Court, I passed. I left it to the professionals who format and print these briefs for a living. Now, at last, the U.S. Supreme Court’s Style Guide is available for all. -CCE

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Too Many Acronyms = Alphabet Soup.

16 Thursday Apr 2015

Posted by Celia C. Elwell, RP in Abbreviations, Acronyms, Bad Legal Writing, Brief Writing, Court Rules, Courts, Initialisms, Legal Writing, Local Rules, Spell Checking

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ABA Journal, Abbreviations, Acronyms, Brief Writing, Court Rules, Debra Cassen Weiss, Legal Writing

Check Your Briefs For Acronym Overuse, DC Circuit Clerk Tells Lawyers In Campaign Finance Case, by Debra Cassen Weiss, ABA Journal

http://tinyurl.com/mff4sqx

Acronyms continue to bedevil the U.S. Court of Appeals for the D.C. Circuit.

Parties before the court are advised in circuit rules to avoid little-known acronyms; lawyers who didn’t heed the advice were called out in a 2012 opinion. Now the clerk’s office is doing its part to police the briefs. . . .

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Can You Use iPads or iPhones in Court? Maybe – Maybe Not.

03 Tuesday Mar 2015

Posted by Celia C. Elwell, RP in 5th Circuit Court of Appeals, Android Phones, Appellate Law, Apple, Blackberry Phones, Cell Phones, Court Rules, Courts, Federal District Court Rules, iPad, iPhones, Laptop, Legal Technology, Local Rules, Oral Argument

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Court Rules, iPads, iPhone J.D. Blog, iPhones, Jeff Richardson, Legal Technology & Tips

Court Rules on iPhone, iPad Use, by Jeff Richardson, iPhone J.D. Blog (with hat tip to Ray Ward, Louisiana Civil Appeals Blog)

http://www.iphonejd.com/iphone_jd/2015/03/court-rules.html

If there are rules for or against using any type of technology in a courtroom, you will normally find the court’s preference in its local rules. Courts don’t write local rules just for fun. They mean it when they say they don’t like something. If your court clearly states in its local rules that certain types of technology are not tolerated, don’t temp fate by assuming that you will be the exception.

Please note the comments at the end of the article. There is more valuable information about other court rules. -CCE

There are countless ways that an iPhone and iPad can be useful to an attorney while in court — whether you are at counsel table or just monitoring proceedings from the cheap seats in back. I often use my iPhone to look up a statute, check my calendar, get some information from an email, or remind myself of the name of another attorney in the courtroom. I often use my iPad to look at a case cited by an opponent, review the key part of an exhibit or transcript, or take notes. But you cannot do any of this unless the court lets you use electronic devices in the courtroom. I remember a time many years ago when the Eastern District of Louisiana did not allow any cell phones, even if turned off, and if my Palm Treo was still in my pocket, I had to walk back to my office, a few blocks away, and leave it there. Many courts are now more lenient, but attorneys should not just assume that it is okay to plan to use an iPhone and iPad in court. Instead, it is wise to first determine if there is an applicable court rule on the issue.

I write about this today because Ray Ward, an appellate attorney at my law firm, has a case that is soon set for oral argument before the U.S. Fifth Circuit, and in connection with that case, yesterday he received a notice from the Fifth Circuit of a new policy on electronic devices in the courtroom. Ray wrote about the notice (and attached a copy) in this post on his Louisiana Civil Appeals blog. In short, you can now have an iPhone or iPad in the courtroom, but it must be turned off unless you are presenting argument or at counsel table. And even then, you cannot take pictures or video, nor can you use social media. . . .

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Formatting for Persuasive Legal Writing Makes A Difference.

28 Saturday Feb 2015

Posted by Celia C. Elwell, RP in Citations, Court Rules, Courts, Legal Technology, Legal Writing, Local Rules, Readability, Style Manuals

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Collin Walke, Legal Writing, Oklahoma Bar Journal, Persuasive Legal Writing, Writing Format

Paragraphs and Indentation Formatting for Persuasive Writing, by Collin Walke, Vol. 86 OBJ No. 5 (2014).

http://www.okbar.org/members/BarJournal/archive2015/FebArchive15/OBJ8605Walke.aspx

Contrary to that pesky little voice in your head at this very moment, formatting is not a boring topic and is absolutely critical when writing a legal brief. Aside from the technical rule requirements for formatting briefs, which will be discussed in greater detail below, formatting is essential for persuasion. One of the best legal writers I have ever had the privilege of working with has a paperweight on his desk that reads: ‘Good writing is clear thinking made visible.’ Without good formatting, quality content will be lost in the mire of facts, law and argument.

The point of this article is to outline what good formatting looks like. First, the brief must be written in accordance with the formatting rules of your particular court. A brief for the district court of Oklahoma County will look different from a brief for the Western District of Oklahoma. Second, the format of the brief must be laid out so that it assists the reader in understanding your position. Finally, your format should match the needs of the particular brief. . . .

[Emphasis added.] Continue reading →

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Honey Pot of Federal Court E-Discovery Local Rules, Forms and Guidelines.

18 Sunday Jan 2015

Posted by Celia C. Elwell, RP in Bankruptcy Court Rules, Court Rules, Courts, Discovery, E-Discovery, E-Filing, Federal District Court Rules, Local Rules

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Bankruptcy Court Rules, E-Discovery, E-Discovery Court Rules, E-Filing, ESI, K&L Gates, Local Court Rules, U.S. District Court Rules

Local Rules, Forms and Guidelines of United States District Courts Addressing E-Discovery Issues, Electronic Discovery Law Blog, published by K&L Gates

http://tinyurl.com/p3d6srx

No doubt many of you have already have bookmarked this site. K&L Gates compiled this comprehensive list of local rules, forms and guidelines for U.S. District Courts and U.S. Bankruptcy Courts. At the bottom of their post, you will find a link that will take you directly to the U.S. Court’s website of all federal court rules. Thank you, K&L Gates. -CCE

Local Rules, Forms and Guidelines of United States District Courts Addressing E-Discovery Issues

Many United States District Courts now require compliance with special local rules, forms, or guidelines addressing the discovery of electronically stored information. Below is a collection of those local rules, forms and guidelines, with links to the relevant materials. Please note also that many individual judges and magistrate judges have created their own forms or have crafted their own preferred protocols for e-discovery. These are generally available on the website of the individual judge or magistrate judge and care should be taken to ensure you are aware of any such forms or guidelines in any court you may appear in.

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