A slice of someone else’s life often fascinates me, especially if it’s out of my experience – even if it’s probably excruciatingly dull. Here’s Aaron Nielson writing at Notice & Comment, “A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice“:
… did you know that the word limit for briefs filed in the D.C. Circuit (unlike some other courts) is changing? It’s true: “On December 1, 2016, several amendments to the Federal Rules of Appellate Procedure will go into effect. … Among the amendments are provisions that revise the word limitations for briefs; establish word limitations for other documents produced using a computer and require a certificate of compliance for such documents; and eliminate the 3-day grace period for responding to documents served electronically.” Going forward, the length limit will be 13,000 words for a principal brief and 6,500 words for a reply brief; previously, it was 14,000 and 7,000 words, respectively. Earlier this month, the D.C. Circuit formally announced how it will implement these changes.
Why am I writing about this of all things? Well, for three reasons. First, because lawyers should know about the change; I like to help spread the news, and with all the election talk, maybe this latest bit of news has been overlooked. Second, because I think that this word reduction is a bad move. I’ve both litigated in the D.C. Circuit and clerked there, and the cases can be quite complicated. Sometimes — especially in complex cases, and especially because it is hard to know ex ante what will persuade all judges — words are already tight as it is. And third, because doing so hopefully illustrates a point: There is more to life than politics. Why not pause for a moment, take a deep breath, think about appellate word limits, and enjoy the weekend? There will be plenty of time next week to contemplate the implications of the election. But as far as I can see, everyone — those who oppose the new administration and those who support it alike — would do well to slow down and think about something else, at least for a few days. And appellate word limits are something else!
Word limitations for briefs is not politics.
Draw your own lesson.
