9th Circuit, Alex Kozinski, Litigators

Judge Kozinski Won't Read Your 'Fat' Or 'Chubby' Brief

Protip: when in the Ninth Circuit, avoid filing an overlength brief at all costs.

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Judge Alex Kozinski

Judge Alex Kozinski

It’s hard out here for overweight lawyers. And the same could be said for oversized briefs.

Judge Alex Kozinski of the Ninth Circuit, the #1 Male Superhottie of the Federal Judiciary, has no tolerance for flab. From Howard Bashman of How Appealing:

Your over-length appellate brief is chubby and fat:

Ninth Circuit Judge Alex Kozinski uses some colorful language in a dissent from an order granting permission to file an oversized appellate brief issued today. Judge Kozinski’s dissent concludes:

“For my part, I don’t feel bound to read beyond the 14,000 words allowed by our rules, so I won’t read past page 66 of the state’s brief. If counsel for the state wishes me to consider any argument in the remaining portion of her brief, she should feel free to file a substitute brief, no longer than 14,000 words, which I will read in lieu of her oversized brief, so long as it is filed no later than 7 days from the date of this order.”

In response to my tweeting about this last night, litigator (and children’s book author) Matthew Dowd took Judge Kozinski to task:

Matthew Dowd tweet

While I see Dowd’s point, I’m not too troubled. As I tweeted in response, “I suspect his poor law clerks will read (or at least skim) the excess pages.” And I also agree with @Cosmos996: “Sometimes judges are overdramatic to prove a point. But the judge will read it.”

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Nevertheless, litigators, let this be a warning to you: when in the Ninth Circuit (or really any court), avoid having to file an overlength brief unless absolutely necessary.

Your over-length appellate brief is chubby and fat [How Appealing]
Cuevas v. Hartley: Order [U.S. Court of Appeals for the Ninth Circuit]

Earlier: Old Lady Lawyer: Fat Lawyers Need Not Apply

David Lat is the founder and managing editor of Above the Law and the author of Supreme Ambitions: A Novel. You can connect with David on Twitter (@DavidLat), LinkedIn, and Facebook, and you can reach him by email at [email protected].

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