L.A.R. Misc. 112.8: Brief in Opposition - in Support - Reply - Supplemental Briefs

(a) Within 30 days of receipt of a petition for writ of certiorari, a respondent may file electronically a brief in opposition. An original and three paper copies, with certificate of service, of the opposing brief must be filed for the court’s convenience. In addition to the merits of the questions presented, the brief should address whether the issues identified by the petitioner are suitable for review. The respondent may agree that the petition for certiorari should be granted because the case presents an important question, yet argue that the decision of the Supreme Court of the Virgin Islands is correct.

(b) A respondent supporting the position of the petitioner must file a response supporting the petition with 20 days of the opening of the case. Parties who file no document will not qualify for any relief from the court.

(c) If no response is received within the time prescribed, it will be assumed that the party does not wish to participate and will no longer receive notices from the clerk or be entitled to service of documents from the other parties. The clerk may direct a party to file a response.. Ordinarily, a petition for certiorari will not be granted unless a response has been filed or requested.

(d) No motion by a respondent to dismiss a petition for writ of certiorari will be received. Objections to the jurisdiction of the court to grant the writ of certiorari may be included in the brief in opposition.

(e) Petitioner may file electronically a reply brief addressed to arguments first raised in the brief in opposition within 14 days of receipt of respondent’s brief. An original and three paper copies, with certificate of service, of the reply brief must be filed for the court’s convenience.

(f) Motions for extensions of time to file a brief are governed by Third Circuit L.A.R. 31.4

(g) No supplemental filings may be made by any party except as provided in Rule 28(j), FRAP.

L.A.R. 112.1 - 112.14 were enacted in 2007. The rules were amended in 2008 to provide for electronic filing.