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Motion to Strike a Brief

By Bill Theis

Custom Vehicles, Inc. v. Forest River, Inc, No. 06-2009 (September 25, 2006): This is a civil case, and it raises an issue that seldom arises for the criminal practitioner. Yet the in-chambers opinion of Judge Easterbrook contains some information of interest to all practitioners.Claiming that various statements in the appellee?s brief were unsupported by the record, the appellant filed a motion to strike those portions of the appellee?s brief. Judge Easterbrook denied the motion. As background, the judge observed that in any given week one judge decides all the motions for that week. The judge?s involvement in the motion has no relationship to his or her being assigned to the case on the merits. As a consequence, any motion that calls for the motions judge to rule on what should or should not be in the brief can have the result of taking up the time of four, not three, judges, which is not an efficient use of judicial resources...continue to full post

Full post as published by Seventh Circuit Blog on September 25, 2006 (boomark / email).