Federal Judiciary

Double Means Double: Filings Struck for Failure to Comply With Line Spacing Rules

By Michael C. Smith

VirnetX v. Microsoft, 6:07cv0080 (April 29, 2010)

Judge: Leonard Davis

Holding: Order Striking Filing

You know how some lawyers try to squeeze more into the page limits by not following the requirement that pleadings and briefing be double-spaced, sneaking the font size down to 11 point (or less) and decreasing the margins to a hair's breadth thinking no one will notice?  Well, not anymore, at least in one judge's court. 

Striking a (widely spaced) blow for frustrated judges and law clerks across the district who have had enough with this practice, this afternoon Judge Leonard Davis of Tyler struck and ordered refiled in correct form four of Microsoft's postverdict briefs - its Opposition to VirnetX?s Motion for Entry of Judgment on Jury Verdict and Request for Enhanced Damages and Attorneys? Fees (Docket No. 416), Opposition to VirnetX?s Motion to Post-Verdict Damages to the Time of Judgment, Pre-Judgment Interest, and Post-Judgment Interest (Docket No. 418), Opposition to VirnetX?s Motion for Permanent Injunction or, in the Alternative, an Ongoing Royalty (Docket No. 419), and Motion to Stay Injunctive Relief (Docket No. 421).  Judge Davis wrote that these filings

"failed to comply with the Local Rules for the Eastern District of Texas by not being fully double spaced. To be clear, all filings in this Court shall be in 12-point, double-spaced, Times New Roman font with no less than 1 inch margins and
otherwise conform to the page limits set by the Local Rules or as specifically ordered by this Court." 

(Emphasis added).  (Ed note: I prefer Times NR anyway, but this is a blow to those of you using the fancy serif fonts like Palatino or, God forbid, a sans serif like Arial).

To be fair to Microsoft, it is hard to figure out line spacing in Word.  Maybe they should use WordPerfect.

Full post as published by Eastern District of Texas Federal Court Practice on April 29, 2010 (boomark / email).