Tuesday, July 11, 2023

Cut & paste briefing

 Appellate briefing should not be a "copy and paste" job from briefing in the trial court. Even so, lawyers continue to do this. And while this is poor practice, briefs that do this are not defective per se, and it's not necessarily a basis to dismiss an appeal. Case in point here, fn.2 in this published 9th Circuit opinion today:

We reject the City’s argument that we should dismiss the appeal as defective because Plaintiffs copied and pasted sections of their district court brief. Although Plaintiffs repeat verbatim some of the arguments that they made to the district court, those arguments are relevant to our court as well. Neither the Federal Rules of Appellate Procedure nor any other binding legal authorities require that we dismiss the appeal.