We don't need no stinkin' rules. . .
Last Friday, the Ninth Circuit issued an order granting permission to file an oversized supplemental brief. Circuit Judge Alex Kozinski’s dissent to that order was also published. Apparently, the petitioner in the case filed a supplemental brief that was exceeded the word limit, and three weeks later sought retroactive leave to do so. Kozinski would have preferred the court to require a conforming brief to be filed.
Kozinski’s dissent repeats the mantra of legal writing enthusiasts everywhere (indeed, perhaps all writing enthusiasts?): less is more. He concludes his dissent by stating “tightening up petitioner’s brief to conform to our rules would not only help conserve judicial resources and promote respect for our rules, it would better serve the client.”
While flexibility and understanding are certainly desirable qualities in a court, can anyone really argue with that sentiment?
