Friday, July 31, 2015

Citing document numbers

How do you cite document numbers? Before you answer, let me explain what I’m talking about.

The federal judiciary has a system that allows users to file documents in cases electronically—the Case Management/Electronic Case Files (CM/ECF) system. Each document filed in the CM/ECF system is given a document number, which is placed at the top of each page of the document. In the Southern District of Florida, the document number is blue. Some lawyers might refer to a document number as a docket-entry number; others might refer to it as an ECF number.

In any given filing, you may choose to refer to a document number for a particular reason. For example, in your motion for an extension of time to file a response to the amended complaint, you might refer to the document number of the amended complaint, to assist the reader to quickly and easily find the amended complaint on the docket.

If you’re citing the document number, how do you do that?

There are three main contenders:

The first is “D.E.” or some variant thereof, such as “DE”. (For present purposes, let’s put to the side what comes after the D.E.—e.g., “No.” or “#”. Let’s also put to the side whether you enclose “D.E.” in parentheses or brackets, or not at all. That’s a debate for another day.) This is the most well-established way of citing document numbers in the Southern District of Florida. If you cite document numbers this way, everybody will know what you’re talking about.

The second is “ECF”. If you meticulously follow the Bluebook, this is your choice.

Last is “Dkt.” I’d refer to this as “New York style,” because many judges in New York seem to cite document numbers using this method. If you’re into abbreviations, perhaps New York style is for you. In the Southern District of Florida, however, you’d be in a strong minority.


How do you cite document numbers?
 
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17 comments:

  1. Anonymous6:13 PM

    I'm a fan of D.E. but always worry the law clerks will think I'm unaware of the Bluebook.

    ReplyDelete
  2. Anonymous4:21 PM

    It is "Dk. Nr." It goes inside parentheses, for example. (Dk. Nr. 231).

    ReplyDelete
  3. Anonymous9:09 AM

    Is Dk. Nr. a joke?

    ReplyDelete
  4. Anonymous10:34 AM

    OK, putting all that aside: period inside or outside the brackets or parentheses? Or why use the brackets or parentheses at all? Why not just: ECF 4 at 2. Or: DE 5 at 2. But really, I hate: (DE 1 at 3).

    ReplyDelete
  5. Anonymous10:47 AM

    My view is this: why should I even cite to the record? Isn't it the job of the judge and his/her law clerks to find the supporting information?

    Anyway the 11th just makes up the evidence anyway. So why bother?

    ReplyDelete
  6. Anonymous1:52 PM

    This is classic Miami. The quality of lawyering here is so abysmal but you all are hung up on whether it's DE or D.E. or Doc. or whatever. I'm sure there will be a 2 hour discussion about this at your next conference. Good luck.

    ReplyDelete
  7. Anonymous2:21 PM

    My goodness, this is boring. What's next, a cutting analysis of whether 1.5 or 2.0 spacing is more effective??? Surely the guest bloggers can find better fodder for the blog than this... I guess I'll have to resort to Fox News and CNN until Mr. Marcus' returns.

    ReplyDelete
  8. Anonymous3:13 PM

    I'm definitely in the 1.5 camp.

    ReplyDelete
  9. Anonymous4:10 PM

    Can you do a comparison of the fonts used by judges? I think a few still use courier.

    ReplyDelete
  10. Anonymous5:15 PM

    What's wrong with courier? I thought that was the gold standard?

    ReplyDelete
  11. Anonymous6:11 PM

    I like courier too. It's like telling the reader "I don't give a fuck what you think."

    ReplyDelete
  12. Anonymous9:25 PM

    I like lawyers not from Miami who are obsessed with wanting to be as good as Miami lawyers and who are so insecure they troll the blogs leaving weenie comments. Fucking loser.

    ReplyDelete
  13. shumie on the brief6:57 AM

    I would really like an answer to the DE vs D.E issue. In briefs I am of the opinion and habit to use brackets [DE 1 at 7] and no periods and then the final issue is whether there is a space between DE and the number. Is is [DE3 at 17] or [DE 14 at 3]? This crap makes me nuts on the last day before the brief is due.

    ReplyDelete
  14. Bob Becerra12:29 PM

    In the Middle District, I think they use "Doc.".

    ReplyDelete
  15. Anonymous1:59 PM

    The problem with (Dk. Nr. 123)., is that it is too clear and understandable. No lawyer will put up with an understandable abbreviation when there is a less clear alternative.

    ReplyDelete
  16. Anonymous11:03 AM

    Last year's federal panel with Scola, Ung, and a third I forget...other than not using New Times font they all agreed the proper citation format they prefer is "(Ecf No. 123, 4)". I guess if page limits are your issue you could do ". DE 6,1"

    ReplyDelete
  17. In the Middle District of Florida, Ocala Division, "Doc." is used by Senior US Judge Wm. Terrell Hodges and US Magistrate Judge Philip Lammens, examples,

    http://www.scribd.com/doc/155426353/Doc-19-03-07-13-Order-Remanding-Case

    http://www.scribd.com/doc/155426612/Doc-10-Report-and-Recommendation-02-13-13

    ReplyDelete