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Friday, March 21, 2014

Ind. Decisions - More on "For Illinois opinion, Judge Posner conducts experiment in chambers"

Josh Blackman's Blog (he is assistant professor of law at the South Texas College of Law in Houston, Texas) has a long post today (h/t @appellatedaily) headed "Judicial Fact Finding Ron Amok: Judge Posner’s Judicial Fashion Shows." Here is the beginning and end:

Under the Federal Rules of Appellate Procedure, the record on appeal is limited to the original papers and exhibits filed in the district court.” That’s it. Lawyers are not allowed to introduce new facts and exhibits outside the record. Yet, this rule has been totally lost on Judge Posner, who has deemed it appropriate to hold a fashion show in chambers because a fact wasn’t clear in the record below. * * *

Under the Federal Rules of Appellate Procedure, the record on appeal is limited to the original papers and exhibits filed in the district court.” That’s it. Lawyers are not allowed to introduce new facts and exhibits outside the record. Yet, this rule has been totally lost on Judge Posner, who has deemed it appropriate to hold a fashion show in chambers because a fact wasn’t clear in the record below.

The ILB wrote about this opinion in a March 19th entry, headed "For Illinois opinion, Judge Posner conducts experiment in chambers."

Posted by Marcia Oddi on March 21, 2014 12:34 PM
Posted to Ind. (7th Cir.) Decisions