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IV § 10 Citation of Supplemental Authorities

Part A: Practice and Procedure | Rule IV: Briefs

If pertinent and significant authorities come to a party’s attention after all original and reply briefs have been filed, or after oral arguments but before decision, a party may promptly advise the Clerk of Court by letter, with a copy to all other parties, setting forth the citations. The letter shall be limited to:

A. the name and citation of the opinion or authority;

B. the issue raised by the case which is pertinent to the issues raised in the case pending before this Court; and

C. a citation to the page number of where this point has been raised in briefs before this Court or, if not raised in briefs and dealt with in oral arguments only, where and how this issue arose during oral arguments.

The body of the letter shall not exceed 350 words. Any response by an opposing party must be made promptly and be similarly limited. No reply to the response shall be allowed. The letter shall not contain argument; if a party desires to make an argument or to exceed 350 words, the party shall file a motion for permission to file a supplemental brief pursuant to Section 8 of this Rule.