Why do appellants in the MSSC put "Oral Argument [Not] Requested" on the covers of their initial briefs?
MRAP 34(b): "The appellee shall make this notation on his principal brief; the appellant shall make this notation on his reply brief," or by letter if no reply is filed.
Putting that on your principal appellate brief's cover is just your special way of telling the Court, I do not trouble myself to learn the Mississippi Rules of Appellate Procedure. Good lord, at least make them open the brief to find that out.
... Now with boldfacing, in view of the comments thread.
Thursday, March 01, 2012
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Anderson, if we did that it would reduce the chance of the statement ever being noticed. "On the brief" would include the cover, at least in my opinion. Where do you think the preferred position should be?
ReplyDeleteOn the cover of the particular brief that the rule says to put it on. I.e., not the initial brief filed by the appellant.
ReplyDeleteI did just quote the rule, right?
Ah, like many lawyers, I just misread it -- again.
DeleteOkay, just so long as I'm not crazy. Or at least, not proved to be crazy in this particular instance.
DeleteI repeatedly chastise my friend for requesting oral argument on initial briefs!
ReplyDeleteExcellent!
DeleteSome or all of the justices and clerks may not care, but there is no reason to risk having your brief read by someone who does.
... The rationale behind the rule is what? I suppose one can't evaluate the need for oral argument without seeing what both sides have to say.
The joke used to be that the court granted oral argument when the briefs were so badly written, no one could figure out what one side or both were saying.
then i would have oral argument much more frequently
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