Writing Matters

• Citation: Vol. 20 No. 4 Pg. 0050
• Publication year: 2014
• Pages: 0050
• Year: 2014

Writing Matters Vol. 20 No. 4 Pg. 50 Georgia Bar Journal December, 2014

Traps for the Unwary Writer in the Georgia Appellate Briefing Rules

Andy Clark, J.

Rules about writing matter. Courts' writing rules, no less than the rules of grammar and punctuation, assist writers in making their words more persuasive. The Court of Appeals of Georgia has said its writing rules "aid parties in presenting their arguments in a manner most likely to be fully and efficiently comprehended by this Court."^[1] This installment of "Writing Matters" highlights briefing rules of the Supreme Court and Court of Appeals of Georgia that may catch writers off guard.

Unlike a misplaced semicolon, violating a court's writing rule may result in sanctions. Although the more common sanction is striking or refusing to consider the offending part of the brief, potential consequences include a fine, return of the brief to the writer with an order to correct, revocation of license to practice in the court and even dismissal.^[2]

Statement of Method of Preserving Error

Code Section 5-6-40, requiring an enumeration of errors, states, "The enumeration shall be concise and need not set out or refer to portions of the record on appeal." An appellant who reads only the statute might think the brief need not cite the record showing objections to errors.

Not so. Court of Appeals Rule 25(a)(1) requires appellants to include "a statement of the method by

which each enumeration of error was preserved for consideration." Failure to cite the record page showing an objection may result in waiver of the issue.^[3]

Separation of Errors

Court of Appeals Rule 25(c)(1) states, "The sequence of arguments in the briefs shall follow the order of the enumeration of errors, and shall be numbered accordingly." The court looks unkindly on even small deviations from this rule. In Birchby v. Carboy, Birchby "enumerate[d] seven separate errors, but he group [ed] enumerations 1, 2, and 3 in one argument, 4 and 5 in another, and 6 and 7 in a third argument."^[4] Birchby's brief violated Rule 25(c)(1):

Rule 25(c)(1) is more than a mere formality. It is a requirement which this Court imposes to ensure that all enumerations of error are addressed and to facilitate review of each enumeration. By failing to comply with the rule, [Birchby] has hindered the Court's review of his assertions and has risked the possibility that certain enumerations will not be addressed.^[5]

Record Appendices

Historically, Georgia appellate rules did not provide for party-filed record appendices. Only the trial court clerk prepared the record.^[6]

In 2010, the appellate record preparation fee increased from $1.50 to $10 per page. The Supreme Court responded by amending its Rules 67 and 69 to allow parties to submit appendices, in lieu of spending $10 per page in fees. The Court of Appeals also accepted record...