PART VI. BRIEFS ON THE MERITS AND ORAL ARGUMENT


PART VI. BRIEFS ON THE MERITS AND ORAL ARGUMENT

 
 Rule 24. Briefs on the Merits: In General
  
 1. A brief on the merits for a petitioner or an appellant 
 shall comply in all respects with Rules 33.1 and 34 and shall 
 contain in the order here indicated: 
    (a) The questions presented for review under Rule 14.1(a). 
 The questions shall be set out on the first page following the 
 cover, and no other information may appear on that page. 
 The phrasing of the questions presented need not be identi- 
 cal with that in the petition for a writ of certiorari or the 
 jurisdictional statement, but the brief may not raise addi- 
 tional questions or change the substance of the questions 
 already presented in those documents. At its option, how- 
 ever, the Court may consider a plain error not among the 
 questions presented but evident from the record and other- 
 wise within its jurisdiction to decide. 
    (b) A list of all parties to the proceeding in the court 
 whose judgment is under review (unless the caption of the 
 case in this Court contains the names of all parties). Any 
 amended corporate disclosure statement as required by Rule 
 29.6 shall be placed here. 
    (c) If the brief exceeds five pages, a table of contents and 
 a table of cited authorities. 
    (d) Citations of the official and unofficial reports of the 
 opinions and orders entered in the case by courts and admin- 
 istrative agencies. 
    (e) A concise statement of the basis for jurisdiction in this 
 Court, including the statutory provisions and time factors on 
 which jurisdiction rests. 
    (f) The constitutional provisions, treaties, statutes, ordi- 
 nances, and regulations involved in the case, set out verba- 
 tim with appropriate citation. 
 If the provisions involved are 
 lengthy, their citation alone suffices at this point, and their 
 pertinent text, if not already set out in the petition for a 
 writ of certiorari, jurisdictional statement, or an appendix to 
 either document, shall be set out in an appendix to the brief. 
    (g) A concise statement of the case, setting out the facts 
 material to the consideration of the questions presented, 
 with appropriate references to the joint appendix, e. g., App. 
 12, or to the record, e. g., Record 12. 
    (h) A summary of the argument, suitably paragraphed. 
 The summary should be a clear and concise condensation of 
 the argument made in the body of the brief; mere repetition 
 of the headings under which the argument is arranged is 
 not sufficient. 
    (i) The argument, exhibiting clearly the points of fact and 
 of law presented and citing the authorities and statutes re- 
 lied on. 
    (j) A conclusion specifying with particularity the relief 
 the party seeks. 

 2. A brief on the merits for a respondent or an appellee 
 shall conform to the foregoing requirements, except that 
 items required by subparagraphs 1(a), (b), (d), (e), (f), and (g) 
 of this Rule need not be included unless the respondent or 
 appellee is dissatisfied with their presentation by the oppos- 
 ing party. 

 3. A brief on the merits may not exceed the page limita- 
 tions specified in Rule 33.1(g). An appendix to a brief may 
 include only relevant material, and counsel are cautioned not 
 to include in an appendix arguments or citations that prop- 
 erly belong in the body of the brief. 

 4. A reply brief shall conform to those portions of this 
 Rule applicable to the brief for a respondent or an appellee, 
 but, if appropriately divided by topical headings, need not 
 contain a summary of the argument. 

 5. A reference to the joint appendix or to the record set 
 out in any brief shall indicate the appropriate page number. 
 If the reference is to an exhibit, the page numbers at which 
 the exhibit appears, at which it was offered in evidence, and 
 at which it was Ruled on by the judge shall be indicated, e. g., 
 Pl. Exh. 14, Record 199, 2134. 

 6. A brief shall be concise, logically arranged with proper 
 headings, and free of irrelevant, immaterial, or scandalous 
 matter. The Court may disregard or strike a brief that does 
 not comply with this paragraph. 
 
 Rule 25. Briefs on the Merits: Number of Copies and 
          Time to File 

 1. The petitioner or appellant shall file 40 copies of the 
 brief on the merits within 45 days of the order granting the 
 writ of certiorari, noting probable jurisdiction, or postponing 
 consideration of jurisdiction. Any respondent or appellee 
 who supports the petitioner or appellant shall meet the peti- 
 tioner's or appellant's time schedule for filing documents. 

 2. The respondent or appellee shall file 40 copies of the
 brief on the merits within 35 days after the brief for the
 petitioner or appellant is filed.

 3. The petitioner or appellant shall file 40 copies of the
 reply brief, if any, within 35 days after the brief for the 
 respondent or appellee is filed, but any reply brief must 
 actually be received by the Clerk not later than one week 
 before the date of oral argument. Any respondent or appellee 
 supporting the petitioner or appellant may file a reply brief.

 4. The time periods stated in paragraphs 1 and 2 of this 
 Rule may be extended as provided in Rule 30. An applica- 
 tion to extend the time to file a brief on the merits is not 
 favored. If a case is advanced for hearing, the time to file 
 briefs on the merits may be abridged as circumstances re- 
 quire pursuant to an order of the Court on its own motion or 
 that of a party. 

 5. A party wishing to present late authorities, newly 
 enacted legislation, or other intervening matter that was not 
 available in time to be included in a brief may file 40 copies 
 of a supplemental brief, restricted to such new matter and 
 otherwise presented in conformity with these Rules, up to 
 the time the case is called for oral argument or by leave of 
 the Court thereafter. 

 6. After a case has been argued or submitted, the Clerk 
 will not file any brief, except that of a party filed by leave of 
 the Court. 

 7. The Clerk will not file any brief that is not accompanied 
 by proof of service as required by Rule 29. 
 
 Rule 26. Joint Appendix 

 1. Unless the Clerk has allowed the parties to use the de- 
 ferred method described in paragraph 4 of this Rule, the 
 petitioner or appellant, within 45 days after entry of the 
 order granting the writ of certiorari, noting probable juris- 
 diction, or postponing consideration of jurisdiction, shall file 
 40 copies of a joint appendix, prepared as required by Rule 
 33.1. The joint appendix shall contain: (1) the relevant 
 docket entries in all the courts below; (2) any relevant plead- 
 ings, jury instructions, findings, conclusions, or opinions; (3) 
 the judgment, order, or decision under review; and (4) any 
 other parts of the record that the parties particularly wish to 
 bring to the Court's attention. Any of the foregoing items 
 already reproduced in a petition for a writ of certiorari, ju- 
 risdictional statement, brief in opposition to a petition for a 
 writ of certiorari, motion to dismiss or affirm, or any appen- 
 dix to the foregoing, that was prepared as required by Rule 
 33.1, need not be reproduced again in the joint appendix. 
 The petitioner or appellant shall serve three copies of the 
 joint appendix on each of the other parties to the proceeding 
 as required by Rule 29. 

 2. The parties are encouraged to agree on the contents of 
 the joint appendix. In the absence of agreement, the peti- 
 tioner or appellant, within 10 days after entry of the order 
 granting the writ of certiorari, noting probable jurisdiction, 
 or postponing consideration of jurisdiction, shall serve on the 
 respondent or appellee a designation of parts of the record 
 to be included in the joint appendix. Within 10 days after 
 receiving the designation, a respondent or appellee who con- 
 siders the parts of the record so designated insufficient shall 
 serve on the petitioner or appellant a designation of addi- 
 tional parts to be included in the joint appendix, and the 
 petitioner or appellant shall include the parts so designated. 
 If the Court has permitted the respondent or appellee to 
 proceed in forma pauperis, the petitioner or appellant may 
 seek by motion to be excused from printing portions of the 
 record the petitioner or appellant considers unnecessary. In 
 making these designations, counsel should include only those 
 materials the Court should examine; unnecessary designa- 
 tions should be avoided. The record is on file with the Clerk 
 and available to the Justices, and counsel may refer in briefs 
 and in oral argument to relevant portions of the record not 
 included in the joint appendix. 

 3. When the joint appendix is filed, the petitioner or appel- 
 lant immediately shall file with the Clerk a statement of the 
 cost of printing 50 copies and shall serve a copy of the state- 
 ment on each of the other parties as required by Rule 29. 
 Unless the parties agree otherwise, the cost of producing 
 the joint appendix shall be paid initially by the petitioner or 
 appellant; but a petitioner or appellant who considers that 
 parts of the record designated by the respondent or appellee 
 are unnecessary for the determination of the issues pre- 
 sented may so advise the respondent or appellee, who then 
 shall advance the cost of printing the additional parts, unless 
 the Court or a Justice otherwise fixes the initial allocation of 
 the costs. The cost of printing the joint appendix is taxed as 
 a cost in the case, but if a party unnecessarily causes matter 
 to be included in the joint appendix or prints excessive cop- 
 ies, the Court may impose these costs on that party. 

 4. (a) On the parties' request, the Clerk may allow prepa- 
 ration of the joint appendix to be deferred until after the 
 briefs have been filed. In that event, the petitioner or ap- 
 pellant shall file the joint appendix no more than 14 days 
 after receiving the brief for the respondent or appellee. The 
 provisions of paragraphs 1, 2, and 3 of this Rule shall be 
 followed, except that the designations referred to therein 
 shall be made by each party when that party's brief is 
 served. Deferral of the joint appendix is not favored. 
    (b) If the deferred method is used, the briefs on the merits 
 may refer to the pages of the record. In that event, the 
 joint appendix shall include in brackets on each page thereof 
 the page number of the record where that material may be 
 found. A party wishing to refer directly to the pages of the 
 joint appendix may serve and file copies of its brief prepared 
 as required by Rule 33.2 within the time provided by Rule 
 25, with appropriate references to the pages of the record. 
 In that event, within 10 days after the joint appendix is filed, 
 copies of the brief prepared as required by Rule 33.1 contain- 
 ing references to the pages of the joint appendix in place of, 
 or in addition to, the initial references to the pages of the 
 record, shall be served and filed. No other change may be 
 made in the brief as initially served and filed, except that 
 typographical errors may be corrected. 

 5. The joint appendix shall be prefaced by a table of con- 
 tents showing the parts of the record that it contains, in the 
 order in which the parts are set out, with references to the 
 pages of the joint appendix at which each part begins. The 
 relevant docket entries shall be set out after the table of 
 contents, followed by the other parts of the record in chrono- 
 logical order. When testimony contained in the reporter's 
 transcript of proceedings is set out in the joint appendix, the 
 page of the transcript at which the testimony appears shall 
 be indicated in brackets immediately before the statement 
 that is set out. Omissions in the transcript or in any other 
 document printed in the joint appendix shall be indicated by 
 asterisks. Immaterial formal matters (e. g., captions, sub- 
 scriptions, acknowledgments) shall be omitted. A question 
 and its answer may be contained in a single paragraph. 

 6. Exhibits designated for inclusion in the joint appendix 
 may be contained in a separate volume or volumes suitably 
 indexed. The transcript of a proceeding before an adminis- 
 trative agency, board, commission, or officer used in an action 
 in a district court or court of appeals is regarded as an ex- 
 hibit for the purposes of this paragraph. 

 7. The Court, on its own motion or that of a party, may 
 dispense with the requirement of a joint appendix and may 
 permit a case to be heard on the original record (with such 
 copies of the record, or relevant parts thereof, as the Court 
 may require) or on the appendix used in the court below, if 
 it conforms to the requirements of this Rule. 

 8. For good cause, the time limits specified in this Rule 
 may be shortened or extended by the Court or a Justice, or 
 by the Clerk under Rule 30.4. 
 
 Rule 27. Calendar 

 1. From time to time, the Clerk will prepare a calendar of 
 cases ready for argument. A case ordinarily will not be 
 called for argument less than two weeks after the brief on 
 the merits for the respondent or appellee is due. 

 2. The Clerk will advise counsel when they are required 
 to appear for oral argument and will publish a hearing list 
 in advance of each argument session for the convenience of 
 counsel and the information of the public. 

 3. The Court, on its own motion or that of a party, may 
 order that two or more cases involving the same or related 
 questions be argued together as one case or on such other 
 terms as the Court may prescribe. 
 
 Rule 28. Oral Argument 

 1. Oral argument should emphasize and clarify the written 
 arguments in the briefs on the merits. Counsel should as- 
 sume that all Justices have read the briefs before oral argu- 
 ment. Oral argument read from a prepared text is not 
 favored. 

 2. The petitioner or appellant shall open and may conclude 
 the argument. A cross-writ of certiorari or cross-appeal 
 will be argued with the initial writ of certiorari or appeal as 
 one case in the time allowed for that one case, and the Court 
 will advise the parties who shall open and close. 

 3. Unless the Court directs otherwise, each side is allowed 
 one-half hour for argument. Counsel is not required to use 
 all the allotted time. Any request for additional time to 
 argue shall be presented by motion under Rule 21 no more 
 than 15 days after the petitioner's or appellant's brief on the 
 merits is filed, and shall set out specifically and concisely why 
 the case cannot be presented within the half-hour limitation. 
 Additional time is rarely accorded. 

 4. Only one attorney will be heard for each side, except by 
 leave of the Court on motion filed no more than 15 days after 
 the respondent's or appellee's brief on the merits is filed. 
 Any request for divided argument shall be presented by mo- 
 tion under Rule 21 and shall set out specifically and concisely 
 why more than one attorney should be allowed to argue. 
 Divided argument is not favored. 

 5. Regardless of the number of counsel participating in 
 oral argument, counsel making the opening argument shall 
 present the case fairly and completely and not reserve points 
 of substance for rebuttal. 

 6. Oral argument will not be allowed on behalf of any 
 party for whom a brief has not been filed. 

 7. By leave of the Court, and subject to paragraph 4 of 
 this Rule, counsel for an amicus curiae whose brief has been 
 filed as provided in Rule 37 may argue orally on the side of 
 a party, with the consent of that party. In the absence of 
 consent, counsel for an amicus curiae may seek leave of the 
 Court to argue orally by a motion setting out specifically and 
 concisely why oral argument would provide assistance to the 
 Court not otherwise available. Such a motion will be 
 granted only in the most extraordinary circumstances. 
 

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