For all legal professionals who have considered utilizing the practice of incorporating by reference in their court filings, the recent ruling in the case, Promptu Systems v. Comcast, should give them pause.
The ruling by the Federal Circuit serves as a stark reminder of the general prohibition of this practice by courts and the possible punitive measures when it’s used to circumvent a word count limit. Legal scholar Cullen Seltzer at Sands Anderson notes that while it might seem an efficient route in preparing complex legal arguments, the potential legal fallout could far outweigh any initial time saved.
As legal professionals, we are inherently champions of precision, and incorporating by reference can appear to be an enticing shortcut. However, given the precedent set by this case, reconsideration of this method is strongly recommended to avoid potential legal scrutiny.