This is a great point. Where and how does the responsive brief argue the holdings? Do you then have to do the same thing in your TOA? You need to give your own competing holding and a short explanation for why they are wrong? Ugh.
Joe Regalia (@writedotlaw over there) has noticed a few of these "Annotated Table of Authorities" showing up in filings. What are your thoughts? Personally: I do not like. It gives me "Why not make the whole plane out of the black box?" energy. The TOA is your TOA. Save the argument. #LegalWriting
Interesting! E.D. Mich. has a LR 7.1(d)(2) requiring "a concise statement of the issues presented and, on the following page, the controlling or most appropriate authority for the relief sought." An example below. No summary, but some argumentative structure!Interesting! E.D. Mich. has a LR 7.1(d)(2) requiring "a concise statement of the issues presented and, on the following page, the controlling or most appropriate authority for the relief sought." An example below. No summary, but some argumentative structure!
I know of at least one court (ED Mich) that requires something like this. In addition to your regular TOA, you have to identify the key cases for each legal issue.
I admire the creative thought to look for advocacy opportunities, but my first reaction is that this just goes too far, and it could seem like you’re trying to evade page or word limits. It could be a useful tool for oral argument prep, but in a separate, un-filed document for your own use.
But do you then also have to include a little analytical summary of the "key" case? That's required by E.D. Mich. local rules? I'll check it out!
Oh, he was not proposing it or recommending it. He just found it and was surfacing it for discussion. I agree that I like his judgment/advice on stuff!
Joe Regalia (@writedotlaw over there) has noticed a few of these "Annotated Table of Authorities" showing up in filings. What are your thoughts? Personally: I do not like. It gives me "Why not make the whole plane out of the black box?" energy. The TOA is your TOA. Save the argument. #LegalWriting