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Justices clarify 'notes on oral arguments' use

May 23, 2012

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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