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Is it good practice to use the word 'the' before 'petitioner' or 'respondent' in a legal document?

Atlanta, GA |

I would apreciate a direct answer to the question (e.g. 'yes, it is good practice to use the word "the" in legal documents' or 'no, it is not important, courts are not concerned with minor grammatical errors').

I would also appreciate a direct answer as to whether the phrase 'Respondent accepts full financial responsibility legal liability for debts' is acceptable (grammatically) in a legal document. Note that the term 'full financial responsibility legal liability' has no commas or parentheses....is better punctuation expected by the court OR is the phrase ok as it is?

Once again, if you are able to give a direct answer to one or both questions (without commenting about the need to hire an attorney), that would be much appreciated. (I understand this forum is open to pro se filers).

Attorney Answers 4

Posted

I think "the" is a matter of style and will not matter to the court.
On your second question, I would insert punctuation;

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Posted

1. No; not important.

2. Better grammar/punctuation is generally preferred over poor grammar or no punctuation.

Direct enough?

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Posted

I agree with the previous responses.

(1) Placing 'the' in front of respondent or petitioner is a matter of preference.
(2) I would either insert a comma, the word 'and', or include a slash ('/') between responsibility/legal. Better punctuation not only enhances readability, but makes it easier to communicate what is being asserted.

Hope this helps. Good luck!

This answer is in response to a general legal question and is intended for informational purposes only. It does not constitute legal advice. Use of this website and its e-mail link does not create an attorney-client relationship with Attorney Mekdsy. Messages with confidential information should not be sent to Attorney Mekdsy via the e-mail link. The information provided in this answer must not be used as a substitute for consulting with an attorney. Brian Mekdsy is licensed to practice law in the Commonwealth of Massachusetts only.

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Posted

As I understand your questions, your concern should not be whether the omission of the article "the" is grammatically correct, but whether it is of any consequence to the force and effect of your pleadings. Use or disuse of "the" is of no moment and of no consequence whatever, so save yourself some ink if you wish. Judges can read things without stirring a bit, and you're not submitting your filings to the board of the Oxford English Dictionary. And by the way, attorneys make the same omission themselves, so you hardly need an attorney who won't be putting a sentence together any better than you. Good luck, but try to get the spelling right!

Wm. H. O'Toole, Esq.

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