Judical Code

Judicial Code

Chapter VI: Motions and Briefs

Rule/Section: 603-606

Rule 603. Briefs in Cases Involving Multiple Appellants or Multiple Respondents.

In cases involving more than one Appellant or Respondent, including consolidated cases, upon notice to the Court and to all parties involved, any number of Appellants and/or Respondents may join in a single brief, and any Appellant or Respondent may adopt by reference any part of the brief of another. Parties may similarly join in reply briefs upon notice to the Court and all parties involved.

Rule 604. Amicus Curiae Briefs.

A person who is not a party to an action with an interest in the subject matter of an action may request permission from the Appellate Court to file a brief of amicus curiae. A brief of an amicus curiae may be filed only if accompanied by written consent of all parties, or by leave of Court granted on motion or at the request of the Court, except that consent or leave shall not be required when the brief is presented by the Tribe. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of amicus curiae is desirable. An amicus curiae motion to participate in oral argument that is brought by a party other than the Tribe will be granted only upon a showing of extraordinary circumstances, or on the Court’s own motion. A motion of the Tribe to present oral argument as amicus curiae shall be granted unless opposed by counsel of any party to the appeal and a showing has been made that such participation will be prejudicial to a party or otherwise impede the Court’s consideration of the appeal

Rule 605. Consequence of Failure to File Briefs.

If, after filing a timely Notice of Appeal, an Appellant fails to file an opening brief within the time allowed, a Respondent may move for dismissal of the appeal. If a Respondent fails to file a Response Brief, they will not be heard at oral argument except by permission of the Appellate Court.

Rule 606. Defective Briefs.

When a brief fails to comply with the requirements of these Rules, the Appellate Court, on application of any party or on its own motion, and with or without notice may: (1) order the brief to be returned for correction and be redeposited with the Clerk within a time specified in the order; (2) order the brief stricken from the files, with leave to file a new brief within a specified time; or (3) disregard the defects and consider the brief as if it were properly prepared.

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