When you practice in the Federal courts, there is a detailed and exacting set of rules for filing and pursuing a lawsuit. These are the Federal Rules of Civil Procedure. What many people don’t realize is that the individual courts have their own specific rules – called “local rules.” These rules can run dozens of pages. Since nobody can keep track of the local rules for every court, lawyers often hire “local counsel” if only to make sure that every detail is done correctly.
That brings us to the Wisconsin election lawsuit brought by Sidney Powell. Her suit managed to violate BOTH the Federal and local rules. These are a few, but not all, of the deficiencies as things currently stand. Federal rules: failing to name the correct plaintiffs, originally filing a “draft” complaint, failing to attach listed exhibits, failing to verify the complaint, failing to certify notice to the defendants (in either the original or amended complaint). Local rules: miscaptioning amended complaint, failing to ask for a modified briefing schedule, failing to request an oral hearing.
Similarly, the most recently filed Arizona suit violated local rule 7.1(a)(3) concerning proper form for issuing a summons. This is basic, basic stuff.
Many of these may seem to be minor technical issues. However, the courts take these matters of form and substance very seriously. Lawsuits may be dismissed for repeated violations and attorneys are subject to sanctions for filing frivolous pleadings. It is not unlikely that some of these will happen in the coming weeks. [Written December 2, 2020]
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