While the rules for the Supreme Court provide the guidance necessary for producing a compliant brief, there are some unwritten requirements that every filer should be aware of when preparing their Petition and Petition Stage Reply brief. Failure to comply with these unwritten rules may result in having your filing rejected by the Court. Petitions [...]
Two of the most common pitfalls when drafting an amicus brief in the Supreme Court can be found on the first page: Interest of Amicus Curiae section and the required Footnote 1 information. Fortunately, these errors are easily remedied and can often be avoided. In this post, we will discuss how to best handle your [...]
Federal appellate court practice can be a daunting experience, especially if you practice in multiple circuits. While the circuits share many common rules and practices, many of the circuits also have unique features that are important to be aware of. Federal Rule of Appellate Procedure 28(a)(4) states that one of the things that must be [...]
“For want of a comma, we have this case.” This is the opening sentence to a recent opinion from the United States Court of Appeals for the First Circuit. In O'Connor v. Oakhurst Dairy, No. 16-1901 (1st Cir. 2017), the First Circuit ruled on whether a missing Oxford comma in an overtime exemption statute entitles [...]
When filing a brief in the United States Supreme Court, there are distinct formatting requirements that must be observed and followed. These requirements are set forth in Supreme Court Rule 33.1, which describes the Court’s required booklet formatting. Below are a few of the Supreme Court’s more obscure rules for filing in booklet format. Every [...]
How Is Cockle Legal Briefs Different? We strive to craft the highest quality briefs. We succeed because we are the only Supreme Court brief printer to proofread everything—with teams of two professional readers—and our staff actively pursues an intimate knowledge of Court practices and conventions. Located in the heart of the nation, we are able [...]
Cockle Legal Briefs works with non-lawyers filing a petition for writ of certiorari in the U.S. Supreme Court. Occasionally our conversations with our pro se customers move beyond the necessary formatting and content requirements for a Supreme Court brief, and into more basic questions of legal writing. We have a few general legal writing tips. [...]
At Cockle Legal Briefs, we work with quite a few non-lawyers filing their own petitions in the U.S. Supreme Court. Occasionally our conversations with these pro se litigants move beyond the necessary formatting and content requirements for a Supreme Court brief, and into more basic questions of legal writing. We have a few general legal [...]
An important element of the legal brief format is the cover. The first item that will be read by the justices, the cover not only provides basic information about the case, it can also convey subtly profound cues about the quality of the argument contained within the pages. The Facts Rule 34.1 lays out the [...]
The Cockle Blog’s focus in recent weeks on a particular line on U.S. Supreme Court petition covers was not intended as an ongoing, multipart series, but there appear to be more nuances involved than initially apparent. A question raised when composing every petition (and subsequent brief) cover is which is the correct lower court to [...]