Read the Rules
Posted
13 Jun 2014 in Tips and Tactics
Judges are substantially governed by rules—local rules, rules of evidence, state or federal rules for trial courts or appellate courts. Rules do not normally determine the merits, although rules provide the structure or framework within which the merits can be considered fairly to both sides. Not surprisingly, judges typically know the applicable rules quite well. The judge may have drafted the local rule specifically to address an issue arising with some frequency in that judge’s courtroom. Or the judge may have been reversed for failure to enforce the rule.
Judges expect attorneys to know the rules. Attorneys who practice in multiple courts may need to learn and use many sets of rules. Just do it. The alternative is to be sorry. Courts are not gentle with attorneys who fail to read and follow the rules, as reflected in the following, drawn from a wide variety of available examples. In some instances, the court decision effectively sets up a malpractice action against the careless attorney.