RULE CLARIFICATION REQUEST #1
Does the Duberstein brief need both a Statement of Facts and a
Statement of the Case? I am asking because the rules (p. 3, section
VIII) and the scoring sheet only mention a statement of facts, but
the rules of the Supreme Court only require a statement of the
case. Any clarification is greatly appreciated. Thank you for your
time.
RULE CLARIFICATION RESPONSE #1
No. They are the same thing and you may refer to it either as
a Statement of Facts or a Statement of the Case.
CLARIFICATION REQUEST #2
Will a spiral binding on the left margin be adequate, or is there
another preferred method of binding? The Supreme Court Rules
indicate that plastic or metal spiral bindings are not acceptable,
but the Duberstein Rules indicate that any sort of left margin
binding will work. Can you please clarify?
RULE CLARIFICATION RESPONSE #2
Any method of binding is ok. Staples are fine. Spiral
bindings are fine. We will not deduct points as long as the
binding works.
RULE CLARIFICATION REQUEST #3
Is it proper to address the constitutional issue first in the
brief, even though the Court's grant of certiorari presents the
questions in the reverse order?
RULE CLARIFICATION RESPONSE #3
Yes. The brief may address the issues in any order and you
may also argue them in any order. However, judging is
subjective and, while there is no penalty for reversing the order,
an oral judge or a brief grader may feel that you are less (or
more) effective because of that change. The brief
graders’ handbook and bench memos are organized in the order of the
cert. grant.
RULE CLARIFICATION REQUEST #4
Could you clarify the rules regarding Service of the Briefs? Is the
requirement that briefs be mailed by a postmarked deadline of noon
on Monday, January 30, 2012 via next day mail (i.e. Federal
Express). If that is the case, will the brief be accepted, even if
it arrives after noon, Tuesday, January 31, 2012 as long as we
provide proof of postal certification that it would be delivered by
noon on Tuesday, 1/31/2012?
RULE CLARIFICATION RESPONSE #4
Yes – your brief will be timely. Our rules focus on when you
SENT the paper copy of the brief, not when we receive it. We
may ask you for proof of when Federal Express received it (e.g.
access to the Fed Ex tracking data) if your paper brief is not
received by us in time (or gets lost and never arrives). It
is critical that you also (1) email the PDF version on Monday, and
(2) include with your paper copy of the brief a signed
“Certification and Copyright” form (see last page of the
Rules). Note that we do not require you to deliver it to
Federal Express by noon on Monday, only that it be received by
Federal Express by their deadline for next morning delivery – this
is usually a time in the early evening (you should check with your
carrier to confirm the local deadline).