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Cut a brief down to the page limit
Prices every section by what it buys with the court, then cuts in three passes so the argument that survives is the one you chose, not the one that happened to sit near the end.
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Count: 8,410 words against a 7,000-word limit. Over by 1,410.
Counting note: [CONFIRM - local rule] I have counted the caption, headings, and footnotes and excluded the tables, certificate, and signature block. If this circuit counts footnotes separately or includes the corporate disclosure statement, the gap changes by roughly 300 words.
Cut plan
| Section | Words | Tier | Action | Saved |
|---|---|---|---|---|
| Intro | 610 | Decides the motion | Compress: cut the two-sentence procedural wind-up, move the April 14 email to sentence one | 95 |
| Statement of the Case | 1,240 | Supports | Compress: replace the block quote from the scheduling order with a parenthetical | 180 |
| Standard of Review | 340 | Answers a point they will raise | Compress: de novo is conceded at Blue Br. 11; cut the case string to the two best | 150 |
| Arg. I (repudiation) | 2,180 | Decides the motion | Keep. This is the argument you said you will not lose | 0 |
| Arg. II (cover damages) | 1,490 | Supports | Compress: the three replacement-vendor invoices do not each need a paragraph | 135 |
| Arg. III (mitigation) | 1,040 | Answers a point they will raise | Compress: cut the policy paragraph, keep the UCC text | 80 |
| Arg. IV (attorney fees) | 510 | Costs nothing to lose | Cut entirely. See below | 510 |
| Conclusion | 90 | Supports | Compress: "for the foregoing reasons" out | 20 |
| Footnotes 4, 7, 11 | 340 | Costs nothing to lose | Cut. All three restate text above them | 260 |
Arithmetic. Start 8,410. Pass one (compression, no content lost) saves 640, leaving 7,770. Pass two (bottom tier: footnotes 4, 7, 11 and the intro wind-up remainder) saves 430, leaving 7,340. Still 340 over, so pass three removes Argument IV at 510, leaving 6,830 words, 170 under the limit.
Pass-one replacement text, Standard of Review (replaces lines 3 to 9):
> BetaCorp does not dispute that review is de novo. (Blue Br. 11.) *Aegis Ins. Servs. v. 7 World Trade Co.*, 737 F.3d 166, 176 (2d Cir. 2013).
Removed entirely. Argument IV, the fee request. Cost: you lose the fee argument on appeal unless the panel reaches it on the contract's own fee-shifting clause, which the district court never ruled on. It survives in one sentence in the Conclusion: "Acme also requests its fees under Section 14.3, as it did below. (ER 212.)" That preserves the ask at a cost of 19 words. [CONFIRM - whether this circuit treats an unbriefed fee request as abandoned; if it does, cut Argument III's policy paragraph instead and keep IV.]
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Assumptions I made. That footnotes count toward the limit here [verify: this is worth 340 words and it is the single assumption most likely to be wrong]. That "de novo" is genuinely conceded at Blue Br. 11 rather than conceded as to one issue only [verify]. That the scheduling-order block quote is not being used to preserve a separate timeliness argument [safe: nothing in the draft relies on it].
Where this is weakest. Two cuts. First, the Argument III policy paragraph. It was the only place the brief gave the panel a reason to want to rule for you rather than a reason it must, and BetaCorp's brief is heavy on equity. Second, footnote 7. It restated the text, but it also carried the only record cite for the March hiring numbers, and that cite now appears nowhere. Put ER 61 to 72 back into the body sentence.
What only you can decide. Whether to drop Argument IV or compress all four arguments to keep it. Dropping it leaves Arguments I through III fully developed and signals that you know which ground wins, but forfeits fees on appeal if the panel will not reach the clause on its own. Compressing all four preserves every issue and leaves each one roughly 130 words thinner, which on Argument I means cutting the repudiation-versus-renegotiation discussion to a single paragraph. Second call that is yours: whether the two paragraphs on the March board minutes stay. You locked them in, but they now cost 210 words that would buy back the Argument III policy paragraph.
What would make this materially better. Ranked: (1) The circuit rule text on what the count excludes, which is worth 340 words and would settle the footnote question. (2) BetaCorp's answering brief, so Argument III can be sized to what they actually argued about mitigation rather than to what they might. (3) Whether the fee clause was ruled on below, which decides whether Argument IV is a real loss or a formality.
Why this prompt is built the way it is
## Framework
1. **Count honestly first.** Report the current length in the unit the rule uses and the size of the gap. If the rule counts words and the draft was measured in pages, say the count is an estimate.
2. **Price every section.** One line per heading and per paragraph: what it buys with the court. Four tiers, from decides-the-motion down to costs-nothing-to-lose.
3. **Cut in three passes, in order.** Compression that loses no content. Then the bottom tier. Then, only if still over, whole arguments.
4. **Protect the untouchables.** Record cites, jurisdictional statements, quoted operative language, and anything the local rule requires. Say which of those count toward the limit and which are excluded, and confirm rather than assume.
5. **Name what has to go.** If an argument must be dropped, recommend it with a reason, say what it costs, and say whether a footnote or a single sentence preserves it.
6. **Show the arithmetic.** Starting count, saving from each pass, ending count, margin under the limit.