Calling Names (In Briefing)

In his latest column for Daily Journal, Manatt Appellate Partner  discussed best practices for naming and referencing involved parties and the courts in appellate briefs.

When referencing parties, Shatz emphasized using real names instead of generic terms like “appellant” and “appellee” to avoid confusion as well as referring to individuals by their last names whenever possible. He also cautioned against using too many names, dates and details that could detract from the point being made in the appeal as well as dropping gender-based titles, such as Mr. and Mrs., to simplify sentences and reduce word count.

For trial courts, Shatz said it’s best to focus on the “court” and not the “judge” when discussing case history before the appeal to “maintain a level of detachment and not focus on the individual in the robe” unless there is a necessary or desirable reason to name a particular judge. For the reviewing court, he suggested referencing it directly rather than abstractly, saying “this Court” rather than “the Ninth Circuit,” for example.

Daily Journal subscribers can read the full article .