APPELLATE COURTS APPENDIX H
8. Filing Briefs - After the Record has been perfected, the parties may file briefs with the Commission. Such briefs are optional and additional to
the notice of appeal/complaint (BCO 42-4, 43-3) and to the Session’s initial response (BCO 42-5, 43-6).
1. The appellant/complainant’s brief shall be filed no later than 14 days after he receives the perfected Record (or the original Record if undisputed.) The Commission will immediately send this brief to the Session and the delivery date shall be recorded. The chairman will promptly send this brief to the commissioners.
2. The Session’s brief shall be filed no later than 28 days after it receives the perfected Record (or the original Record if undisputed) or 14 days after it receives the appellant/complainant’s brief, whichever is later. The Commission will immediately send this brief to the appellant/complainant. The chairman will promptly send this brief to the commissioners.
3. The Commission should not schedule the hearing for sooner than 42 days after the date the parties receive the perfected Record (or the original Record if undisputed), unless both parties, in writing, waive their right to file briefs.
4. The briefs shall include the party’s position with regard to: a summary of the facts, a summary of the proceedings before the Session, a proposed statement of the issue(s), the proposed judgment & relief, and the argument in favor of judgment & relief.
5. No brief shall make reference to any evidence not already part ofthe perfected Record. The Commission may, at its discretion, strike the part of any brief that makes such reference. Parties may petition the Commission to strike any alleged new evidence from a brief. At the same time, briefs may mention and the Commission may take judicial notice of facts not subject to reasonable dispute.
6. A brief is limited to 10 pages. It must be typewritten on 8 ½ x 11-inch paper, with 1-inch margins on all sides, and no smaller than 10-point type. Any brief that does not meet these standards of form shall be returned to the sending party with reasons. If this occurs, a revised brief may be submitted, provided such brief is filed with the Commission within 5 days of when the party received notification that the brief did not meet the standard of form.
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