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Legal Commentary

: Prawfs

Enforcing the Federal Rules in Rhyme

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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From NPR comes this story of Judge Ronald Leighton of the United States District Court for the Western District of Washington, who sua sponte dismissed (and ordered refiling of) a 465-page complaint as follows:


"Plaintiff has a great deal to say
but it seems he skipped Rule 8-a.
Hiis complaint is too long, which renders it wrong.
Please rewrite and refile today.

Two questions:

1) Is this sort of light-hearted, not-quite-serious, jocular approach from a judge appropriate? This question arises frequently whenever judges throw humor (jokes, rhymes, tangents about sports, entertainment, pop-culture references, etc.) into their opinions--how much creative license are judges allowed in their writing?

2) Was Judge Leighton correct to dismiss an overly long complaint simply because it was overly long? Rule 8(a)(2) requires a short, plain statement as a minimum that a pleader must provide. But it does not necessarily mean that anything more than a short, plain statement is improper under the rules simply because it is long (apart from what is contained in the complaint).

Full post as published by Prawfs on July 08, 2008 (boomark / email).

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