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.
I'm a fan of D.E. but always worry the law clerks will think I'm unaware of the Bluebook.
ReplyDeleteIt is "Dk. Nr." It goes inside parentheses, for example. (Dk. Nr. 231).
ReplyDeleteIs Dk. Nr. a joke?
ReplyDeleteOK, 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).
ReplyDeleteMy 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?
ReplyDeleteAnyway the 11th just makes up the evidence anyway. So why bother?
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.
ReplyDeleteMy 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.
ReplyDeleteI'm definitely in the 1.5 camp.
ReplyDeleteCan you do a comparison of the fonts used by judges? I think a few still use courier.
ReplyDeleteWhat's wrong with courier? I thought that was the gold standard?
ReplyDeleteI like courier too. It's like telling the reader "I don't give a fuck what you think."
ReplyDeleteI 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.
ReplyDeleteI 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.
ReplyDeleteIn the Middle District, I think they use "Doc.".
ReplyDeleteThe 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.
ReplyDeleteLast 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"
ReplyDeleteIn the Middle District of Florida, Ocala Division, "Doc." is used by Senior US Judge Wm. Terrell Hodges and US Magistrate Judge Philip Lammens, examples,
ReplyDeletehttp://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