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IV § 5 Timeliness of Briefs

Part A: Practice and Procedure | Rule IV: Briefs

A. In all cases in which a writ application has been granted, except those specially assigned for arguments, the brief of the applicant or relator shall not be filed later than twenty-five days (25) after the date that the writ is granted, and the brief of the respondent shall not be filed later than forty-five (45) days after the date that the writ is granted.

B. In all appeals, the brief of the appellant shall not be filed later than thirty (30) days after the lodging of the record in this Court, and the brief of the appellee shall not be filed later than sixty (60) days after the lodging of the record in this Court.

C. The briefing schedule for disciplinary proceedings shall be governed by Supreme Court Rule XIX, Section 11(G).

D. In all instances, the briefs shall be accompanied by a certificate showing that a copy was transmitted, delivered or mailed to the opposing counsel, or to the opposing litigant or litigants, if not represented by counsel.

E. Failure to file briefs timely in accordance with the above provision shall forfeit the right of the party, so failing, to orally argue the case before the Court. In its discretion, the Court may nonetheless allow oral arguments by a party who has failed to file briefs timely, provided the party files a motion explaining the reasons for the untimely filing. All other parties who have complied shall be entitled to oral arguments. Notwithstanding the foregoing, briefs are required in all criminal cases.