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Justices clarify 'notes on oral arguments' use

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The Indiana Supreme Court issued an order May 18 informing attorneys that filing of “notes on oral arguments” without leave of court is no longer part of Indiana’s appellate practice.  

The clarification came in an order on a 12-page “notes on oral argument” filed in Hugh David Reed v. Edward Reid, et al., No. 40S01-1107-PL-436. The notes consisted of comment on the oral arguments, citations and legal arguments, and was essentially an advocate’s brief, according to the justices.

No opinion has mentioned these kinds of notes in the last 50 years, and “To whatever extent the filing of 'notes on oral argument' without leave of court was once part of Indiana’s appellate practice, it no longer is …,” wrote Chief Justice Brent Dickson.

“Appellate Rule 48 authorizes the filing of a Notice of Additional Authorities when pertinent and significant authorities come to the attention of a party after oral argument, but comment about the citations is limited to a parenthetical or single sentence explaining the authority.”

The appellees’ notes document doesn’t conform to that rule, so the notes were stricken.

 

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  • A link to the Order
    It would be helpful if a link to the actual order was provided in the article.

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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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