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Chapter 16Free sample

Court Documents & the Record

Filings, transcripts, exhibits and the record on appeal, in the form each court wants.

A record cite makes a promise: open this page and you will see what my sentence says. Judges test the promise, and the Fifth Circuit even follows it by machine, turning each properly formed cite into a link. Below, two real citations taken apart: a complaint from another case, and an Eighth Circuit cite into the district-court record.

A filing from another case

Compl. ¶ 1, United States v. Google LLC, No. 1:20-cv-03010 (D.D.C. Oct. 20, 2020), ECF No. 1.

  1. 1 document title, shortened
  2. 2 pinpoint: ¶ for numbered paragraphs
  3. 3 case name, italic in court documents
  4. 4 docket number as the court’s system prints it
  5. 5 court, and the day this document was filed
  6. 6 entry number on the docket

A cite into the record on appeal (Eighth Circuit)

R. Doc. 91-2, at 5.

  1. 7 record designation the court’s rule prescribes
  2. 8 docket entry
  3. 9 attachment
  4. 10 page within the attachment, after a comma

16.1Reading a record citation

In the print and Kindle editions

16.2What a record cite proves, and what it doesn’t

In the print and Kindle editions

16.3Filings in your own case

In the print and Kindle editions

16.4Filings from other cases

In the print and Kindle editions

16.5Competing page numbers

In the print and Kindle editions

16.6Transcripts and depositions

In the print and Kindle editions

16.7Jury instructions and verdict forms

In the print and Kindle editions

16.8Declarations, exhibits, Bates numbers and discovery responses

In the print and Kindle editions

16.9The record on appeal, court by court

In the print and Kindle editions

16.10State appellate records

In the print and Kindle editions

16.11Sealed, redacted and private material

In the print and Kindle editions

16.12Short forms: repeat, define, and when id. works

In the print and Kindle editions

16.13Errors to catch

In the print and Kindle editions

Chapter 16: Court Documents & the Record — The Citation Code