The Ten Commandments on Appeal
Lee informally interviewed appellate judges and practitioners, seeking their thoughts on things one should never do on appeal. After distilling the most repeated "pet peeves" related to briefing and oral argument, she brings to you the Judges' Ten Commandments on Appeal:
- Thou shalt not attempt to mislead thy Judges or thy Opponent.
- Thou shalt not lose thy Temper before thy Judges or thy Opponent.
- Thou shalt not repeat the substance of thy Briefs during thine oral argument, for verily the Judges have read the briefs.
- Thou shalt not attach voluminous portions of the record or transcript to thy Briefs, for the Court has the Record before it.
- Thou shalt not forget to cite to the pages of the Record containing the errors of which thou dost complain.
- Thou shalt not "fudge" on thy Court's appointed page limitations.
- Thou shalt not cite to Unpublished Opinions in thy Briefs or thy Arguments.
- Thou shalt not use string cites without proper parenthetical explanation.
- Thou shalt not use lengthy quotes from thy authorities in thy Briefs.
- Thou shalt not refer to facts that are not supported by the Record.