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X § 5 Opposition to Writ Application

Part A: Practice and Procedure | Rule X: Writ Applications

Oppositions serve an important purpose in assisting the Court in the exercise of its discretionary jurisdiction. As such, the Court encourages the filing of oppositions.

Any party may file and serve an opposition memorandum, setting forth reasons why the application should not be granted. If opposing counsel determines that the applicant has omitted documentation or information material to the issues presented, such omission shall be brought to the Court’s attention in the opposition memorandum. Opposing counsel may include the omitted materials in an appendix to the opposition, to the extent available, or otherwise notify the Court of the omission. Upon such notification, the Court may order the applicant to furnish the missing documentation or information in a formal response.

The opposition must be filed within thirty (30) days of the date of the acknowledgement letter issued by this Court. No extension of this deadline shall be granted unless the party, by motion, can demonstrate through clear and convincing evidence that the delay was the result of circumstances beyond its control or for other extraordinary circumstances. The opposition memorandum should be as brief as possible and must not exceed twenty-five (25) pages in length. The opposition memorandum shall be accompanied by the filing fee set forth in Rule II.

Other pleadings or documents shall not be filed with the opposition memorandum, unless their inclusion is essential to demonstrate why the application should not be granted. In the event any other pleadings or documents are filed, they shall be bound separately from the opposition memorandum and shall not exceed twenty-five (25) pages.

When the application requests priority consideration or a stay order, any party desiring to oppose such action should file the opposition to such action immediately upon receipt of a copy of the application.