Use Base Verbs, Not Nominalizations
Example: instead of writing "We had a discussion about the matter" try this instead "We discussed the matter."
Rationale: Use of nominalizations makes writing heavy, dull and difficult to process. It makes the noun more abstract and turns it into a process or emotion giving the appearance that nothing is actually happening in the sentence.
Prefer the Active Voice Over the Passive
Example: Costs must be taxed by the clerk. --> The clerk must tax costs.
Rationale: To avoid using extra words such as "was" and "by" that make sentences clumsy. Passive voice minimizes the role of the agent (subject).
Draft in Present tense and First person
Example: No additional fees will be required. --> No additional fee is required.
Example: Applicants must send us ... . --> You must send ... .
Rationale: Draws the listener into the text.
Use Shorter Sentences. Omit Surplus Words
Example: Sentence shall be imposed without unnecessary delay, but the court may, when there is a factor important to the sentencing determination that is not then capable of being resolved, postpone the imposition of sentence for a reasonable time until the factor is capable of being resolved. --> Sentence must be imposed without unnecessary delay. But if some factor important to sentencing cannot be resolved promptly, the court may postpone sentencing for a reasonable time until that factor becomes resolvable.
Example: The fact that she died ... . --> Her death ... .
He was aware of the fact that ... . --> He knew ... .
Rationale: Promotes clarity by encouraging one thought per sentence and eliminating wordiness.
Arrange your words with care
Example 1: In the interest of expediting decision, or for other good causes shown, a court of appeals may, except as otherwise provided in Rule 26b, suspend the requirements or provisions of any of these rules in a particular case on application of a party or on its own motion. --> On its own motion or a party's motion, a court of appeals may-to expedite its decision or for the other good cause-suspend the provisions of any of these rules in a particular case, except as otherwise provided in Rule 26b
Example 2: A party must make advance arrangements with the clerk for the transportation and receipt of exhibits of unusual bulk or weight. -->If the exhibits are unusually bulky or heavy, the party must arrange with the clerk in advance for their transportation and receipt.
Rationale: Enhances clarity, logic, and readability. Numbering and listing is helpful.
Avoid Simplifiable Jargon
Examples: A judgment for a sum of money ... . --> A money judgment ... .
Each court of appeals by action of a majority of the circuit judges ... . --> Each court of appeals acting by a majority of its judges in regular active service may ... .
Upon receipt of ... . --> Upon receiving ... .
Rationale: Only those in the legal profession understand Legalese. Use the simplest words that fit the situation.
Avoid "Wh" Phrases
Example: Any such motion which is filed ... . --> Any such motion that is filed ... .
Rationale: "Wh" phrases such as "which is" adds to the listener's processing time.
Credits and other information
This web page is based on Julie Damron's writing, modified to be web-compatible. If you'd like to see what she wrote originally, click WordPerfect or PDF. Professor Damron wrote because of an assignment she received as a member of the Utah Supreme Court Advisory Committee on Plain English Criminal Jury Instructions. This website belongs to the committee chair, Judge David L. Mower, who made the aforementioned modifications.