CBA Record July-August 2023

Similarly, capitalizing every letter of a party’s name, such as “BROWN sued GREEN for wrongful termination of her employment with ACME COMPANY,” is not only hard to read, but it is not rec ognized as proper style by any legal writ ing authority. Stop doing it. And never, ever, use an initial capital for terms such as “plaintiff,” “defendant,” or “appellant,” unless it’s the first word of a sentence. These words are common (not proper) nouns, and thus should always have lower-case letters. Draft Orders First District Local Rule 4(a) requires a movant to submit a draft order with every motion, including a “granted/denied” clause so the motion justice can cross out the inapplicable word when entering the order. The same rules forbid the signature lines from being set forth alone on a sepa rate page. In addition, follow some other simple rules when drafting motions and draft orders: l Include the draft order in the same electronic document as the motion, consisting of a single unnumbered page at the end of the motion. Likewise, include the proof of service in the same single document. Doing so obviates the need for the justice to open two or three separate electronic files and expe dites transmission of the motion and order to other justices when needed. l If it is absolutely necessary to submit supporting documents along with a motion, name them descriptively. It is frustrating to click on an icon that reveals seven documents all relating to a single motion, all of which are named “Motion,” or even worse, something like “XPD-8316.” Instead, use titles such as “motion,” “draft order,” “sup porting record 1 of 3,” and “proof of service.” l Finally, if possible, do not submit orders that are more than one page long. The order need not be double-spaced or have 12-point type, so a smaller legible font may be used if necessary. The cap tion can be truncated or shortened to its simplest possible form, because the case number is perfectly sufficient to

identify the matter. There is no need for the caption to list a dozen cross-appel lants or the full corporate names of five different parties. Use “et al.” if needed to reduce the size of the caption. Supporting Records Similarly, when submitting supporting records with a motion, do not separate them into a dozen separate filings. On the screens used by justices and staff, hover ing over an icon reveals links to each item filed with respect to the particular motion or filed item. Justices and staff often refer back to the motion and supporting record several times, so having seven items all named “XPD-8316” and not knowing which is the one of particular interest wastes time and effort. When possible, combine the various portions of the sup porting record into a single document for easy searching and use by the court. If the supporting record is voluminous, include a table of contents at the beginning. Appendix to the Brief Illinois Supreme Court Rule 342 requires the appendix to an appellant’s brief to con tain: (1) a table of contents to the appen dix; (2) the judgment appealed from; (3) the circuit court and any administrative agency’s opinion, memorandum, or find

ings of fact; (4) any pleadings or other materials from the record that are the basis of the appeal or pertinent to it; (5) the notice of appeal; and (6) a complete table of contents, with page references, of the record on appeal. Of these items, only (4) allows for some discretion by the appellant. Under that requirement, an appellant may select key pleadings or documents from the record for quick access by the court. For instance, in an appeal involving dismissal of a com plaint under section 2-615 of the Code of Civil Procedure, an appellant might wish to include a copy of the complaint. If the dispute under review involves the term of a lease, include a copy of the lease. But remember that the full record itself is available to the justices. There is no need to submit an appendix of several hundred pages including all the briefs and exhibits filed with a complicated motion. And while Rule 341 requires briefs to cite to the main record, not to the appendix, it’s sometimes helpful to include both citations. The other five appendix items are mandatory. Appellants should be sure to include a clear, legible, file-stamped copy of each judgment they are appealing. They should also include a file-stamped copy of the notice of appeal, because the first thing the court will do is cross-check CBA RECORD 29