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Docket Narrative #4

Definition

Factual technique · Tier Informal

Using the procedural history itself — filing dates, motion numbers, order dates — as a factual argument without any characterization. The sequence of filings tells a story. The drafter never names the story.

Example

"The first discovery extension was requested in March, the next in June, the next in September, the last in December." (Four extension requests spanning the better part of a year — the length of the delay is in the dates, unstated.)

Anti-pattern

"Over the course of an astonishing ten months, Respondent sought extension after extension..."

Why it's informal

Law school teaches you to characterize facts. Practice teaches you that sometimes dates alone are more damning than any characterization. Two filing dates one day apart, listed without comment — the motion to dismiss the day after the deadline to answer passed. The drafter never says "the next day." The dates say it.

How it differs

Relationship to Reader-Drawn Conclusions (#5)

Reader-Drawn Conclusions uses fact juxtaposition generally. Docket Narrative is the specific application using procedural timestamps — the court's own record system becomes the argument.


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