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Rule 496. Briefs of Respondents and Others (1985)

TEXT

Briefs in response to the application for writ of error shall be filed with the clerk of the Supreme Court within fifteen (15) days after the filing of the application for writ of error unless additional time is granted. Briefs of the respondent or other party shall comply with the provisions of the rules prescribed for an application for writ of error and particularly with the provisions of Rule 414(b), (c), (e), (f), (g), (h), (j), and (n).

If the petitioner fails to assert valid grounds for jurisdiction by the Supreme Court, the respondent shall state in the brief the reasons that the Supreme Court has no jurisdiction.

Respondent shall confine his brief to reply points that answer the points in the application for writ of error and to such cross-points that respondent has preserved and that establish respondent's rights.

If respondent relies upon his brief in the Court of Appeals, respondent shall file with the clerk of the Supreme Court twelve legible copies of such brief.

Respondent shall cause to be delivered or mailed to the petitioner or his attorney of record a copy of respondent's brief.

The clerk may receive but not file amicus curiae briefs. An amicus curiae shall comply with the briefing rules for the parties, and shall show in their brief that copies have been furnished to all attorneys of record in the case.

Amended by order of Dec. 19, 1984, eff. April 1, 1985: The rule is rewritten. The respondent's brief should follow the general form of the application for writ of error, but the Supreme Court may look to the party's brief in the Court of Appeals. Respondent must comply with Rules 480a and 492 by filing the required number of briefs.

To correct typographical error in the first paragraph.