Friday, November 6, 2015

Don'tcha dare use "id." for record cites, y'all!


Image result for picky pickyThe 5th Circuit Court of Appeals is not Southern California. If any more proof were needed for that, below is text from a recent order finding an appellee's brief noncompliant (and requiring a corrected brief) for using a few "id." citations....
Record References: Every assertion in briefs regarding matter in the record must be supported by a reference to the page number of the original record, whether in paper or electronic form, where the matter is found, using the record citation form as directed by the Clerk of Court. Although your brief contains citations to the record, they are not in proper form. (See 5TH CIR. R. 28.2.2) Use of the word ‘id.’ is not permitted when citing to the record on appeal.
Image result for picky picky
To be sure, sometimes appellate clerks in SoCal can be picky too. We've all heard the one about the 4/2 clerk who bounced a multi-volume appendix because a couple pages in one volume were upside down. And 4/3 used to bounce writ petitions if the verifications were signed in black ink, on the theory that the signature might be a copy rather than an original. Got any other fun ones to share? Pass them along...