The Suggest-to-Me State

I just learned that, in the Missouri dialect of legalese, the arguments supporting or opposing motions are called "suggestions," e.g.,

A party filing any motion, except motions for new trial, motions for trial settings, or motions which require proof by introduction of evidence (as distinguished from proof by affidavit pursuant to Supreme Court Rules), shall serve and file at the same time brief written suggestions in support thereof, together with authorities relied upon.

The terms aren't unheard of outside Missouri, but Missouri is definitely the heartland of suggestions.

Comments

[loki13]

Thank you! That is really interesting.

I think that a lot of people aren't aware of how different (and to some, weird) the idiosyncrasies of practice can be in different places.

Something I have recently been interested in is the effect that state practice has on the federal courts. Obviously, federal courts are much more uniform, but I have noticed from a recent case that federal courts in some areas have adopted a few of the idiosyncrasies of their jurisdiction.

[IANNAL]

Makes as much sense as "points". At least "suggestion" implies that you want the Court to act on some point that you raise.

[Stupid Government Tricks]

I congratulate you on showing us this.

— or —

It just goes to show.

[Merlin's Beard]

We occasionally get lawyers in Iowa courts who primarily practice in Missouri and who will write "Suggestion" instead of "Brief in Support of Motion for [x]". It's always funny when it happens, and serves as a flashing neon sign to local practitioners and judges that counsel is from "out of town".

[David Nieporent]

In New York state practice, it's common for lawyers to file briefadavits — that is, rather than a memo of law, the lawyer files an affidavit that contains legal argument in it.¹ The rules really don't allow for it — separate memos of law are required — but it has been such a common practice that many judges will give it a pass. That is, many state judges will give it a pass. But when state court practitioners venture into federal court and try that, well, let's just say that it doesn't go very well. It's the same flashing neon sign that the lawyer is a newbie to federal practice
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¹Even more bizarrely, these affidavits will sometimes be client affidavits, with legal argument in the form of, "I am informed by my attorney that such-and-such is true."

[loki13]

Just saw this- and you'll probably miss it.

So next time you see me hangin' around, maybe you can forumsplain the whole "letter practice" thing. I've seen it in both state AND some federal filings in New York, and it remains bizarre to me.

[Dilan Esper]

Back in the day, a petition for en banc review in the 9th Circuit was a "suggestion for rehearing en banc".

They changed that at least a decade ago though.