Comments on: Appeals Court Says: No Webcasting in Massachusetts Federal Court http://legalgeekery.com/2009/04/16/appeals-court-says-no-webcasting-in-massachusetts-federal-court/ Mon, 21 May 2012 13:17:44 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Joshua Auriemma http://legalgeekery.com/2009/04/16/appeals-court-says-no-webcasting-in-massachusetts-federal-court/comment-page-1/#comment-2140 Joshua Auriemma Fri, 17 Apr 2009 00:56:34 +0000 http://legalgeekery.com/?p=1295#comment-2140 I have to admit that I'm a bit confused by the holding as well. Especially since "or by order of the court" is prefaced with, "Except as specifically provided in these rules . . . ." It seems to me that an OR after calling attention to the rules indicates that there are possible non-enumerated exceptions. I have to admit that I’m a bit confused by the holding as well. Especially since “or by order of the court” is prefaced with, “Except as specifically provided in these rules . . . .” It seems to me that an OR after calling attention to the rules indicates that there are possible non-enumerated exceptions.

]]> By: GregSJ http://legalgeekery.com/2009/04/16/appeals-court-says-no-webcasting-in-massachusetts-federal-court/comment-page-1/#comment-2137 GregSJ Fri, 17 Apr 2009 00:17:34 +0000 http://legalgeekery.com/?p=1295#comment-2137 If I am reading your post right, and I think that I am, the court is reading "by order of the court" to mean section c? What ever happened to using the plain meaning of the statute ... As far as I am aware by order of the court means by order of the court. And except as explicitly provided by these rules OR by order ... (Note rules plural and conjunctive or.) I may not be the best grammatician(word?) in the world but pretty sure plain meaning would imply that there are exceptions in the rules (thus including the other subsets of the rule) and that court order is an additional exception. If it is not an additional exception then there is no reason for that language in that position in the text (if at all in the text.) If I am reading your post right, and I think that I am, the court is reading “by order of the court” to mean section c?

What ever happened to using the plain meaning of the statute …
As far as I am aware by order of the court means by order of the court. And except as explicitly provided by these rules OR by order … (Note rules plural and conjunctive or.) I may not be the best grammatician(word?) in the world but pretty sure plain meaning would imply that there are exceptions in the rules (thus including the other subsets of the rule) and that court order is an additional exception. If it is not an additional exception then there is no reason for that language in that position in the text (if at all in the text.)

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