The Business Master (4th Edition)/The Business Master - 4th Edition.iso/files/legaegal/court/suprul2a.asc

Text File | 1993-09-01 | 19KB | 359 lines

#help.tut Press ENTER for help
#contents.sta Table of contents
#suprule1.sta Rules 1-13
#suprul1a.sta Rules 14-18
#suprule2.sta Rules 19-24
#suprule3.sta Rules 30-36
#suprul3a.sta Rules 37-48

Rule 25.  Brief on the Merits; Time for Filing

 .1. Counsel for the petitioner or appellant shall file with the
Clerk 40 copies of a brief on the merits within 45 days of the
order granting the writ of certiorari or of the order noting or
postponing probable jurisdiction.

 .2. Forty copies of the brief of the respondent or appellee must
be filed with the Clerk within 30 days after the receipt of the
brief filed by the petitioner or appellant.

 .3. A reply brief, if any, must be filed within 30 days after
receipt of the brief for the respondent or appellee, or must
actually be received by the Clerk not later than one week before
the date of oral argument, whichever is earlier.  Forty copies
are required.

 .4. The period of time stated in paragraphs .1 and .2 of this
Rule may be enlarged as provided in Rule 30.  If a case is
advanced for hearing, the time for filing briefs on the merits
may be abridged as circumstances require pursuant to the order of
the Court on its own motion or a party's application.

 .5. A party desiring to present late authorities, newly enacted
legislation, or other intervening matter that was not available
in time to have been included in a brief may file 40 printed
copies of a supplemental brief, restricted to 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. No brief will be received through the Clerk or otherwise
after a case has been argued or submitted, except from a party
and upon leave of the Court.

 .7. No brief will be received by the Clerk unless it is
accompanied by proof of service as required by Rule 29.

Rule 29.  The Joint Appendix

 .1. Unless the parties agree to use the deferred method allowed
in paragraph .4 of this Rule, or the Court so directs, the
petitioner or appellant, within 45 days after the entry of the
order granting the writ of certiorari, or noting or postponing
jurisdiction, shall file 40 copies of a joint appendix, printed
as prescribed by Rule 33.  The joint appendix shall contain:  (1)
the relevant docket entries in all the courts below; (2) any
relevant pleading, jury instruction, finding, conclusion, or
opinion; (3) the judgment, order, or decision sought to be
reviewed; and (4) any other parts of the record which the parties
particularly wish to bring to the Court's attention.  Any of the
foregoing items which have already been reproduced in a petition
for a writ of certiorari, jurisdictional statement, brief in
opposition to a petition for a writ of certiorari, motion to
dismiss or affirm, or any appendix to the foregoing complying
with Rule 33 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.

 .2. The parties are encouraged to agree to the contents of the
joint appendix.  In the absence of agreement, the petitioner or
appellant shall, not later than 10 days after receipt of the
order granting the writ of certiorari, or noting or postponing
jurisdiction, serve on the respondent or appellee a designation
of parts  of the record to be included in the joint appendix.  A
respondent or appellee who deems the part of the record so
designated not to be sufficient shall, within 10 days after
receipt of the designation, serve upon the petitioner or
appellant a designation of additional parts to be included in the
joint appendix, and the petitioner or appellant shall include the
parts so designated.  If the respondent or appellee has been
permitted by this Court to proceed in forma pauperis, the
petitioner or appellant may seek by motion to be excused from
printing portions of the record deemed unnecessary.

In making these designations, counsel should include only those
materials the Court should examine.  Unnecessary designations
should be avoided.  The record is on file with the Clerk and
available to the Justices.  Counsel may refer in their 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
appellant shall immediately file with the Clerk a statement of
the cost of printing 50 copies and shall serve a copy of the
statement on each of the other parties to the proceeding pursuant
to Rule 29.  Unless the parties otherwise agree, the cost of
producing the joint appendix shall initially be paid 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
presented 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 shall be taxed as
costs in the case, but if a party unnecessarily causes matter to
be included in the joint appendix or prints excessive copies, the
Court may impose the costs thereof on that party.

 .4.    (a) If the parties agree, or if the Court shall so order,
preparation of the joint appendix may be deferred until
after the briefs have been filed.  In that event, the
petitioner or appellant shall file the joint appendix within
14 days after receipt of the brief of 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.

    (b) If the deferred method is used, the briefs may make
reference to the pages of the record involved.  In that
event, the printed joint appendix must also include in
brackets on each page thereof the page number of the record
where that material may be found.  A page number of the
record where that material may be found.  A party desiring
to refer directly to the pages of the joint appendix may
serve and file typewritten or page-proof copies of the brief
within the time required by Rule 25, with appropriate
references to the pages of the record involved.  In that
event, within 10 days after the joint appendix is filed,
copies of the brief in the form prescribed by Rule 33
containing references to the pages of the joint appendix, in
place of or in addition to the initial references to the
pages f the record involved, 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 must be prefaced by a table of contents
showing the parts of the record which it contains, in the order
in which the parts are set out therein, with references to the
pages of the joint appendix at which each part begins.  The
relevant docket entries must be set out following the table of
contents.  Thereafter, the other parts of the record shall be set
out in chronological 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 which is set out.  Omissions in the transcript or in
any other document printed in the joint appendix must be
indicated by asterisks.  Immaterial formal matters (captions,
subscriptions, acknowledgments, etc.) 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 administrative agency,
board, commission, or officer used in an action in a district
court or court of appeals shall be regarded as an exhibit for the
purposes of this paragraph.

 .7. The Court by order 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 shown, the time limits specified in this Rule
may be shortened or enlarged by the Court, by a Justice thereof,
or by the Clerk under the provisions of Rule 30.4.

Rule 27.  The Calendar

 .1. The Clerk shall from time to time prepare calendars of cases
ready for argument.  A case will not normally be called for
argument less than two weeks after the brief of 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. On the Court's own motion, or on motion of one or more
parties, the Court may order that two or more cases, involving
what appear to be the same or related questions, be argued
together as one case or on any other terms as may be prescribed.

Rule 28.  Oral Argument

 .1. Oral argument should emphasize and clarify the written
arguments appearing in the briefs on the merits.  Counsel should
assume that all Justices of the Court have read the briefs in
advance of oral argument.  The Court looks with disfavor on oral
argument read from a prepared text.

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

 .3. Unless otherwise directed, one-half hour on each side is
allowed for argument.  Counsel is not required to use all the
allotted time.  A request for additional time to argue must be
presented by a motion to the Court under Rule 21 not later than
15 days after service of the petitioner's or appellant's brief on
the merits and shall set forth with specificity and conciseness
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
special permission granted upon a request presented not later
than 15 days after service of the petitioner's or appellant's
brief on the merits.  The request must be presented by a motion
to the Court under Rule 21 and shall set forth with specificity
and conciseness why more than one attorney should argue.  Divided
argument is not favored.

 .5. In any case, and regardless of the number of counsel
participating, counsel having the opening must 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 no brief has 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 duly
filed pursuant to Rule 37 may, with the consent of a party, argue
orally on the side of that party.  In the absence of consent,
counsel for an amicus curiae may orally argue only by leave of
the Court on a motion particularly setting forth why oral
argument is thought to provide assistance to the Court not
otherwise available.  The motion will be granted only in the most
extraordinary circumstances.

PART VII.  PRACTICE AND PROCEDURE

Rule 29.  Filing and Service of Documents; Special Notifications

 .1. Any pleading, motion, notice, brief, or other document or
paper required or permitted to be presented to this Court, or to
a Justice, shall be filed with the Clerk.  Every document, except
a joint appendix or brief amicus curiae, filed by or on behalf of
one or more corporations, shall include a list naming all parent
companies and subsidiaries (except wholly owned subsidiaries) of
each corporation.  This listing may be done in a footnote.  If
there is no parent or subsidiary company to be listed, a notation
to this effect shall be included in the document.  If a list has
been included in a document filed earlier in the particular case,
reference may be made to the earlier document and only amendments
to the listing to make it currently accurate need to be included
in the document currently being filed.

 .2. To be timely filed, a document must actually be received by
the Clerk within the time specified for filing; or be sent to the
Clerk by first-class mail, postage prepaid, and bear a postmark
showing that the document was mailed on or before the last day
for filing; or, if being filed by an inmate confined in an
institution, be deposited in the institution's internal mail
system on or before the last day for filing an be accompanied by
a notarized statement or declaration in compliance with 28 USC
Section 1746 setting forth the date of deposit and stating the
first-class postage has been prepaid.  If the postmark is missing
or not legible, the Clerk shall require the person who mailed the
document to submit a notarized statement or declaration in
compliance with 28 USC Section 1746 setting forth the details of
the mailing and stating that the mailing took place on a
particular date within the permitted time.  A document forwarded
through a private delivery or courier service must be received by
the Clerk within the time permitted for filing.

 .3. An pleading, motion, notice, brief, or other document
required by these Rules to be served may be served personally or
by mail on each party to the proceeding at or before the time of
filing.  If the document has been produced under Rule 33, three
copies shall be served on each other party separately represented
in the proceeding.  If the document is typewritten pursuant to
Rule 34, service of a single copy on each other party separately
represented shall suffice.  If personal service is made, it may
consist of delivery at the office of counsel of record, either to
counsel or to an employee therein.  If service is by mail, it
shall consist of depositing the document in a United States post
office or mailbox, with first-class postage prepaid, addressed to
counsel of record at the proper post office address.  When a
party is not represented by counsel, service shall be made upon
the party, personally or by mail.

 .4.    (a) If the United States or any department, office, agency,
officer, or employee thereof is a party to be served,
service must also be made upon the Solicitor General,
Department of Justice, Washington, D. C. 20530.  If a
response by the Solicitor General is required or permitted
within a prescribed period after service, the time does not
begin to run until the document actually has been received
by the Solicitor General's office.  When an agency of the
United States is authorized by law to appear on its own
behalf as a party, or when an officer or employee of the
United States is a party, the agency, officer, or employee
must also be served, in addition to the Solicitor General;
and if a response is required or permitted within a
prescribed period, the time does not begin to run until the
document actually has been received by the agency, the
officer, the employee, and the Solicitor General's office.

    (b) In any proceeding in this Court wherein the
constitutionality of an Act of Congress is drawn in
question, and the United States or any department, office,
agency, officer, or employee thereof is not a party, the
initial pleading, motion, or paper filed in this Court shall
recite that 28 USC Section 2403(a) may be applicable, and
the document must be served on the Solicitor General,
Department of Justice, Washington, D. C. 20530.  In a
proceeding from any court of the United States, as defined
by 28 USC Section 451, the initial pleading, motion, or
paper shall also state whether or not that court, pursuant
to 28 USC Section 2403(a), has certified to the Attorney
General the fact that the constitutionality of an Act of
Congress was drawn into question.

    (c) In any proceeding in this Court wherein the
constitutionality of any statute of a State is drawn into
question, and the State or any agency, officer, or employee
thereof is not a party, the initial pleading, motion, or
paper filed in this Court shall recite that 28 USC Section
2403(b) may be applicable and shall be served upon the
attorney general of that State.  In a proceeding from any
court of the United States, as defined by 28 USC Section
451, the initial pleading, motion, or paper shall state
whether or not that court, pursuant to 28 USC Section
2403(b), had certified to the state attorney general the
fact that the constitutionality of a statute of that State
was drawn into question.

 .5. Proof of service, when required by these Rules, must
accompany the document when it is presented to the Clerk for
filing and must be separate from it.  Proof of service may be
shown by any one of the methods set forth below, and must
contain, or be accompanied by, a statement that all parties
required to be served have been served, together with a list of
the names, addresses, and telephone numbers of counsel indicating
the name of the party or parties each counsel represents.  It is
not necessary that service on each party required to be served be
made in the same manner or evidenced by the same proof.

    (a) By an acknowledgment of service of the document in
question, signed by counsel of record for the party served.

    (b) By a certificate of service of the document in question,
reciting the facts and circumstances of service in
compliance with the appropriate paragraph or paragraphs of
this Rule, and signed by a member of the Bar of this Court
representing the party on whose behalf service is made.

    (c) By a notarized affidavit or declaration in compliance
with 28 USC Section 1746, reciting the facts and
circumstances of service in accordance with the appropriate
paragraph or paragraphs of this Rule, whenever service is
made by any person not a member of the Bar of this Court.