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« Effect of In Limine Rulings on Trial Objections | Main | A Sample Motion in Limine: Plaintiff's Version »

March 31, 2004

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R

"COMES NOW"? Shows what a special, special writer the author is. Surely, with such a command over the language, he must win.

LOOK AT THESE TWO PARAGRAPHS:

1. Now comes the above-named John Smith, plaintiff herein, by and through Darrow & Holmes, his attorneys of record, and shows unto this honorable Court as follows:

2. For his complaint, plaintiff says:


JUDGES CAN TELL THE DIFFERENCE

Michigan judges preferred version 2 by 84 percent to 16 percent.(1) When the same survey was sent to Florida judges, 88 percent preferred the simpler version.(2) Judges in Louisiana and Texas have also replied to the same survey; again, about 75 percent preferred the simpler version in court documents.(3)

1. Steve Harrington and Joseph Kimble, Survey: Plain English Wins Every Which Way, 66 Mich. B.J. 1024, 1026 (1987).

2. Barbara Child, Language Preferences of Judges and Lawyers: A Florida Survey, 64 Fla. B.J. 32, 34 (Feb. 1990).

3. Joseph Kimble and Joseph A. Prokop, Jr., Strike Three for Legalese, 69 Mich. B.J. 418, 420 (1990); Kevin Dubose, The Court Has Ruled, The Second Draft (Legal Writing Institute), Oct. 1991, at 8, 8.

bittrsweet

I'm in law school at University of Miami and they teach us version one, as bulky as it is. Nor have I, in the three internships I've had, ever read a motion that has not gone that route. Certain parts of the lawyering game just involve tradition.

tammy

This case is not referenced with any other ruled cases. I know this is not how I have to write my motion.

Shjucky

Heh, it's always funny to see people try to "modernize" legalese.

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