ILNews

Justices clarify 'notes on oral arguments' use

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

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

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT