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Some Thoughts On Supplemental Authorities Under Federal Rule Of Appellate Procedure 28(J) And Related Musings, Brian Wolfman
Some Thoughts On Supplemental Authorities Under Federal Rule Of Appellate Procedure 28(J) And Related Musings, Brian Wolfman
Georgetown Law Faculty Publications and Other Works
This essay--prompted by my work directing Georgetown Law's Appellate Courts Immersion Clinic--discusses letters filed under Federal Rule of Appellate Procedure 28(j). A "Rule 28(j) letter" is the federal appellate rules' principal mechanism for bringing supplemental authorities to an appellate court’s attention after the briefs have been filed. This essay covers (1) the Rule's basic attributes; (2) whether a 28(j) letter may be adversarial; (3) the types of authorities that may be--and should be--cited in a 28(j) letter; (4) proper timing for the filing of a 28(j) letter; (5) when and how to respond to a 28(j) letter; and (6) what …