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« Antigun Mayor bites the dust. part 287 | Main | Trump scores points on the 2A »

Judge Kozinski has a good one....

Posted by David Hardy · 5 August 2016 02:02 PM

Apparently, there has evolved a custom in the Ninth Circuit of filing an oversized brief at the last moment, figuring that the court won't reject a motion to do so because that'd throw off the court's briefing and argument scheduling. In a recent ruling, however, Judge Kozinski dissents and comes up an effective deterrent to such an approach:

"For my part, I don't feel bound to read beyond the 14,000 words allowed by our rules, so I won't read past page 66 of the state's brief. If counsel for the state wishes me to consider any argument in the remaining portion of her brief, she should feel free to file a substitute brief, no longer than 14,000 words, which I will read in lieu of her oversized brief, so long as it is filed no later than 7 days from the date of this order."

1 Comment | Leave a comment

Richard | August 5, 2016 10:00 PM | Reply

Dare we consider Kozinski's dissenting opinion to be at least the opening shot in a substantial change in this court's de facto policy of unduly accommodating the state? I especially appreciate where the judge mentions how the other side is penalized when the court allows the hustling of sly lawyers.

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