Incorrect : The judge who was newly appointed to the bench overruled the objection . packing for shipment or distribution of agricultural produce , meat and fish products , and perishable foods .
Correct : The judge , who was newly appointed to the bench , overruled the objection .
But if the essential meaning of the sentence changes once the dependent clause is removed , then don ’ t use a comma to set it off . 7
Incorrect : The candidate , who wins the debate , is likely to receive the endorsement .
Correct : The candidate who wins the debate is likely to receive the endorsement .
And , of course , we can ’ t forget the hotly debated Oxford comma , also known as a serial comma . The Oxford comma is the final comma in a list of three or more items . It precedes the and or or connecting the last item in the list . This single mark , when omitted at the end of a list , has a documented history of creating troublesome ambiguities in statutory and contract interpretation cases . So , the general rule in legal writing is this : Use the Oxford comma ; it ’ s essential . 8
Incorrect : Overtime pay is exempted for the canning , processing , preserving , freezing , drying , marketing , storing ,
IN PERSON OR BY ZOOM
Correct : Overtime pay is exempted for the canning , processing , preserving , freezing , drying , marketing , storing , packing for shipment , or distribution of agricultural produce , meat and fish products , and perishable foods . 9
Avoiding an Apostrophe Catastrophe
Unlike commas , which punctuate sentences , apostrophes punctuate words . Apostrophes are most commonly used in contractions , with the apostrophe representing the omitted letters . Although you ’ ve likely heard that writers shouldn ’ t use contractions in legal writing , there ’ s no absolute rule . Instead , the only consideration should be whether the contraction improves the clarity or readability of the sentence . And beware of the trickiest contractions – it ’ s (“ it is ”), there ’ s (“ there is ”), and who ’ s (“ who is ”). All three have soundalike possessive counterparts that do not require apostrophes at all – its , theirs , and whose . But they are not interchangeable . 10
Apostrophes also denote possession when placed properly . With nouns not ending with the letter s , a possessive is formed by simply adding ’ s . Singular nouns already ending with the letter s also require the addition of ' s to show possession unless the result would be truly hard to pronounce . This rule differs for plural nouns ending with the letter s , which only require an apostrophe to create the possessive form . 11
Example : the employee ’ s timecard
STEVEN A . STORSLEE
EXPERIENCED MEDIATION
� 40 years as a civil litigator
� 25 years as a mediator
� Substantial experience in all types of civil cases
Example : the boss ’ s desk ( singular noun )
Example : the hornets ’ nest ( plural noun )
So , there you have it – a salute to two of the most popular punctuation marks and a refresher on the most frequent ways they are misused . On National Punctuation Day , or any day of the year , proper use of punctuation will undoubtedly help us make our points ( and perhaps even save a life along the way ).
Storslee
Law Firm , P . C .
Phone : ( 701 ) 226-3550 steve @ storsleemediation . com P . O . Box 996 , Bismarck , ND 58502-0996 www . storsleemediation . com
1 . http :// www . national-punctuationday . com ( last visited Oct . 5 , 2022 ). 2 . Id . 3 . Id . 4 . See BRYAN A . GARNER , THE REDBOOK 6 ( 4th ed . 2018 ). 5 . Id . at 5 . 6 . See GARNER , supra note 3 , at 7-8 . 7 . Id . 8 . Id . at 3-4 . 9 . O ’ Connor v . Oakhurst Dairy , 851 F . 3d 69 ( 1st Cir . 2017 ) ( overtime wage dispute where lack of Oxford comma in statutory provision resulted in a multi-million-dollar payout for dairy delivery drivers ). 10 . See GARNER , supra note 3 , at 59-60 . 11 . Id . at 59 .
FALL 2022 31