![]() However, the style of the larger numbers controls the style of the smaller ones, when used in the same context (e.g. NYLR Style Manual Rule 10.2(a)(1): In general, numbers up to and including nine should be spelled out and numbers above nine should be denoted by figures.There are some exceptions, such as spelling out any number that begins a sentence. Bluebook Rule 6.2(a): In general, spell out the numbers zero to ninety-nine in text and in footnotes for larger numbers, use numerals.Example: "We will file a Request for Judicial Intervention tomorrow." Talk about sweating the small stuff. For whatever reason, it irks me when I see generic legal documents capitalized. Observations: These rules always intrigue me, as there does not appear to be any consistency among New York lawyers.NYLR Style Manual Rule 10.1(m): Lowercase complaint, answer, bill of particulars, interrogatories, separation agreement, opinion, qualified domestic relations order, temporary restraining order, will, trust and similar terms.Example: "In their Memorandum of Points and Authorities in Opposition to Defendant’s Motion to Dismiss, Plaintiffs argue that Defendants are strictly liable for Plaintiffs’ injuries." Do not capitalize references to the generic name of a court document. Bluebook Rule B8: Capitalize the title of a court document only when: (1) the document has been filed in the matter that is the subject of your document and (2) the reference is to the document’s actual title or a shortened form thereof.Example: "As Scalia failed to raise a triable issue of fact, this Court should grant Hall's summary judgment motion." Many New York lawyers prefer to capitalize “court” in papers to the trial courts as a sign of respect, which makes sense if your goal is to persuade that court Court. Observations: This is a pretty common question given how often lawyers invoke the word into their papers.Do not capitalize: court below, hearing court, IAS court, lower court, motion court, etc. General references to courts or their parts are not capitalized (exs. Capitalize the word "court" when standing alone only when referring to the Supreme Court of the United States, the New York Court of Appeals, or the Appellate Division of the Supreme Court. NYLR Style Manual Rule 10.1(h): The full names of courts ("City Court of Albany") or their parts ("Housing Part") should be capitalized.Also capitalize “court” in documents when referring to the court that will receive your documents. Bluebook Rules 8(c)(ii) and B8: Capitalize “court” when naming any court in full or when referencing the United States Supreme Court (with some exceptions).Be prepared for exploitation by a sharp adversary. The flip side is that if you are trying to ethically conceal the authority, or lack thereof, for a case you are citing, then perhaps Bluebook style may be helpful to that end. Sure enough, I have found many citations to cases rendered by courts hundreds of miles away from the presiding court. If I ever see someone cite a New York State Supreme Court case without specifying the county, I immediately become suspicious. Observations: Those missing periods again! Ah, but I see an advantage.NYLR Style Manual: ( Alper v Ramsden, 113 NYS2d 745 ).Citation to the New York State Supreme Court (Note to non-New York readers, if any: This is a trial court. ![]() ![]() Although some may view the Appellate Division as one happy family of jurisprudence, the reality is that courts and opposing counsel can be persuaded by decisions issued by the specific department that will ultimately tell the trial court whether it was right or wrong.Ģ. It allows you to show the court the particular department that rendered the decision, whereas The Bluebook does not make department distinctions. While this may be jarring to the Bluebook-trained eye at first, the NYLR Style Manual offers a strategic advantage if writing for New York courts. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |