Legal Writing Handbook
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V. Writing to and for Other Lawyers
A. Communication with Courts
Ex parte communications with courts are prohibited. In any correspondence with a court, always send a copy to opposing counsel.
Judges are busy. Nobody appreciates clear, concise, and accurate correspondence as much as judges.
Attorneys at Law
Attorneys at Law
Humongous National Bank Bldg.
Suite 2500
Capitol and Main Streets
Little Rock, AR 72201
(501) 688-7706
Fax: (501) 372-5147
Associates:
Warren Howe
V.I. Ulyanov
Bill High
Myron Lerner
Helen Highwater
Fred Flintstone
Re: Bananaberry v. Robinson
Pulaski County Circuit No. CV 20-43284720
Dear Judge Plegge:
Please set the above case for a jury trial at the Court's earliest convenience.
Sincerely,
Attorney at Law
cc: Jacqueline Hyde, Attorney at Law
Runne, Laquelle and Hyde
B. Pleadings
According to the Arkansas Rules of Civil Procedure, there are only eight kinds of pleadings:
- Complaint
- Answer
- Cross Claims
- Counter Claims
- Third Party Complaints and Answers to Cross Claims
- Counter Claims
- Third Party Complaints
The register used for pleadings is ordinarily formal, although ceremonial language is sometimes used.
Pleadings are like instruments, in that the goal of pleadings is to perform a function. Pleadings must say what needs to be said. They are seldom persuasive. They should be informative. The primary goal, however, is to make the right statements so that you can later present your case in court.
TWENTIETH DIVISION
O. JULIUS BANANABERRY PLAINTIFF
-Vs.-
No. CV 20-43284720
WILL ROBINSON DEFENDANT
COMPLAINT
COMES Plaintiff O. Julius Bananaberry, by and through his attorneys, Cheatham and Howe, and for his Complaint against Defendant Will Robinson, states:
WHEREFORE, Plaintiff O. Julius Bananaberry prays that judgment be entered against Defendant Will Robinson, for costs, attorneys fees and for all other just and proper relief.
C. Motions and Briefs
Motions, and particularly Briefs in Support of Motions, should be persuasive. Occasionally, ceremonial language is found in Motions. Ceremonial language has no place in Briefs.
IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
TWENTIETH DIVISION
No. CV 20-43284720
O. JULIUS BANANABERRY PLAINTIFF
-Vs.-
WILL ROBINSON DEFENDANT
DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
COMES Defendant, Will Robinson, by and through his attorney, Ms. Jacqueline Hyde, of Runne, Laquelle and Hyde, and for his Motion for Summary Judgment, states:
1. Plaintiff bases his claim against Defendant on the theory of programmer malpractice;
2. Pursuant to Arkansas Rules of Civil Procedure 12(b), Plaintiff fails to state a claim upon which relief can be granted, and fails to state facts upon which relief can be granted;
3. Plaintiff failed to properly serve Defendant a copy of his Complaint pursuant to Arkansas Rules of Civil Procedure 4;
4. Pursuant to Arkansas Rules of Civil Procedure 56, no genuine issues of material fact remain to be determined, and Defendant is entitled to judgment as a matter of law.
WHEREFORE, Defendant Will Robinson prays that his Motion for Summary Judgment be granted, that Plaintiff O. Julius Bananaberry's Complaint against him be dismissed, and for all other just and proper relief.
D. Discovery Documents
Discovery documents include Interrogatories, Requests for Admissions, Requests for Production of Documents, and other similar methods used to find out what the other side knows.
Discovery documents are rarely persuasive. They are usually functional, designed to impose a duty of disclosure on your adversary.
There is a tendency for lawyers to object to any discovery request which is in any way unclear. The only way to reduce the risk of non-responsive answers is to be excessively clear. Sometimes, it is necessary to belabor the obvious.
Utilizing definitions at the beginning of a discovery request may assist in warding off "vague" objections.
IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
TWENTIETH DIVISION
O. JULIUS BANANABERRY PLAINTIFF
No. CV 20-43284720
-Vs.-
WILL ROBINSON DEFENDANT
PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS
COMES Plaintiff O. Julius Bananaberry, by and through his attorneys, Cheatham and Howe, and propounds the following Requests for Production of Documents to Defendant Will Robinson.
The following definitions apply to the Requests for Production of Documents made herein:
(1) The terms "you" or "yourself" as used herein refer to the defendant answering these interrogatories.
(2) The term "your vehicle" or "your motor vehicle" as used herein refers to the vehicle owned, operated or occupied by the defendant, as identified in the plaintiff's pleadings.
(3) The term "plaintiff's vehicle" or "plaintiff's motor vehicle" refers to the vehicle owned, operated or occupied by the plaintiff, as identified in the plaintiff's pleadings.
(4) The terms "occurrence" or "alleged occurrence" as used herein refer to the facts of each activity, event or transaction as set forth in the plaintiff's pleadings.
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