Thanks to each of you who participated in last week’s
poll on citing document numbers. You overwhelmingly chose “D.E.” over the other
options.
In the comments to the post, a reader writes: “My
goodness, this is boring. What’s next, a cutting analysis of whether 1.5 of 2.0
spacing is more effective???”
Perhaps there’s some sarcasm there. But the
comment touches on a serious topic. Given each lawyer’s style and the challenge
of adequately making arguments within the page limit, the question whether we
should use 1.5 or 2.0 line spacing for our documents arises with some
frequency.
First of all, when it comes to line spacing, do
we—lawyers practicing in the Southern District of Florida—have a choice? And if
we do, how to choose?
The local rules say we have a choice. Local Rule
5.1(a)(4) permits court documents to “have not less than one and one-half (1 ½)
spaces between lines.” But some judges require documents to be double-spaced.
So how we space our documents may be governed by the judge we’re appearing
before.
Assuming we have a choice, what, then, should it be? There’s
no easy answer. According to the Internet, many people think that 1.5 line spacing
is easier to read. Others tout the environmental benefits of 1.5 line spacing;
all things being equal, you use fewer pages. And there’s good precedent for it.
When he was on the Southern District of Florida, Judge Jordan was a well-known
1.5 spacer.
But double spacing seems to be standard in the law. Most
judges double space their own documents. And certain style guides—such as the
Chicago Manual of Style—say documents should be double-spaced.
There are also practical considerations. You may
prefer double-spacing, but opt for 1.5 spacing when you need more space.
Here’s this week’s poll:
Here’s this week’s poll:
12 comments:
I didn't see last week's post about how to cite docket entries, but isn't there a recent SD of Fla Admin Order that requires citing it "ECF No. __"? I can't believe everyone missed that....
It's clearly 1.5. Not even up for debate. Looks awesome in Courier.
Goodness gracious, I think you've found the cure for insomnia!
But seriously, DOM, we miss you. Why is it that your guest blogger chooses to focus on form over substance? Here's another topic for him: when drafting a legal brief, in what form should the parties' names appear? For example, should you refer to the plaintiff, Jane Doe, as Plaintiff, PLAINTIFF, JANE DOE, Ms. Doe, Sweet Baby Jane, or just Doe??? On your mark, get set, go!
These guys are asleep at the wheel. Where is the coverage of the recent decisions out of the Fourth Circuit and the Northern District of California on the Fourth Amendment's application to historical cell site data? Now that would be interesting food for thought...
What about spaces after a period. I think I';m going to switch to 1 space rather than 2. Good idea?
Can you imagine reading a book or magazine that had 2.0 spacing? There's a reason professional publications never do this, even in fancy publications where saving pages is not an issue.
There are only two advantages of 2.0 spacing: it's easier for editors to mark up by hand, and it makes it less likely that you'll ramble on and on. Maybe for many lawyers, those are more important than readability.
disagree with 10:39. It's an important issue in this District because it affects the page limits for briefs. If a judge requires 2.0 spacing and holds you to the Local Rules page limits, then you get to put less in, as opposed to a judge who says 1.5 spacing is okay. And five pages 1.5 spaced pages = six 2.0 spaced pages.
What about typographic alignment? Which is better, justify or left flush? I've heard left flush makes reading easier, but justify looks "cleaner."
Never justify unless you're also hyphenating, because uneven spacing is a disaster to read.
When I refer to Mr. Jones's really shitty outfits, should I go with the MLA, or should I just just explain that no, I am not an idiot, this is the proper way to use the 's?
I think Judge Cooke requires 1.5 spacing, and states it in her trial orders.
What judges require 2.0 spacing? Also 10, 12, or 14 font?
Bob, I think it is the opposite. She requires 2.0 spacing for submissions but 1.5 spacing for proposed orders.
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