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Rules Adopted by the Supreme Court

Rules Relating to Supreme Court, Court of Appeals, and Appellate Practice

Rule 6.09
Briefs

Service of Briefs and Additional Authority

(a) Every brief shall be supplied in two (2) copies to all adverse counsel united in interest. Sixteen (16) copies of the brief, which includes proof of service on adverse counsel, shall be simultaneously filed with the clerk of the appellate courts. (b) When significant relevant authorities not previously cited to the court come to the attention of a party after the party's brief has been filed, or after oral argument but before decision, the party shall promptly advise the court, by letter, setting forth the citations. There must be a reference either to the page(s) of the brief intended to be supplemented or to a point argued orally to which the citations pertain. A brief statement may be made concerning application of the citations. The letter shall be served on all adverse counsel united in interest as set out in subsection (a). The letter, with proof of service, shall be filed with the clerk of the appellate courts and shall be accompanied by sixteen (16) copies. Any response must be made promptly and must be similarly limited.

[History: Am. effective September 16, 1992; Am. effective June 3, 1993; Am. effective February 8, 1994; Am. effective October 7, 2004; Am. (a) effective September 6, 2005.]