The Briefs on the Merits - Bna

Ch. 13.13 <strong>The</strong> <strong>Briefs</strong> on the Merits 733
of time needed to prepare booklet-format briefs and briefs can be readily submitted
electronically. Thirty days should be ample time for petitioner’s counsel,
who has already filed a major brief in the case, to prepare a reply brief. 51
Because of the pressure of time and the limitation to 7,500 words, a reply can
in practice—and should in any event—be used only to answer points not
adequately covered in the main brief and to address only the most material
arguments made by the respondent or appellee. In many cases this can be
done in fewer than 7,500 words.
Unless the Clerk notifies counsel otherwise, counsel may assume (1) that
30 days is available for the reply brief, but (2) that additional time will not be
allowed in the absence of some unusual circumstance. Occasionally, the number
of cases awaiting argument is not large enough for all of the cases to be scheduled
for argument more than 37 days after the respondent’s brief is filed. Sometimes,
too, an argument is expedited because of the need for a prompt decision.
In these situations, the Clerk’s Office will notify counsel as soon as possible
and attempt to work out a feasible schedule. It should be noted that a reply
brief is not timely unless it is actually received by the Clerk not later than 2
p.m. seven days before argument. Unlike the normal rule for filing (Rule 29.2),
mailing on the last day is not sufficient. On the other hand, the 2007 rules
revisions amended Rule 25.4 to make explicit that the time period for filing a
reply brief may be extended as provided in Rule 30.3.
If, for good reason, counsel is unable to file 40 copies of the reply brief
reproduced pursuant to Rule 33.1 a week before the date of argument, the
Clerk may accept a timely filing of 10 clearly legible copies in page-proof or
word-processed form. Blurred or even slightly faint copies are not suitable.
Opposing counsel must also be served. As soon thereafter as possible, 40 copies
of a brief reproduced pursuant to Rule 33.1 should be filed.
<strong>The</strong> provision in Rule 24.4 that reply briefs shall conform to the requirements
governing the answering briefs of a respondent or an appellee
means that only the Argument and Conclusion are needed, except to the
extent that counsel wishes to comment on the Statement, Questions Presented,
Statutes, or jurisdictional material presented in the opposing brief.
Such comment would usually be in argumentative form. If topical headings
are employed, a Summary of Argument need not be included; in some cases
a Summary may be helpful, especially if the reply brief contains a number of
independent arguments, but it is often desirable to omit it. Many reply briefs
begin with a short introduction that provides an overview and reorients the
reader who has just finished reviewing the opposing brief. Simplicity, directness,
and minimization of footnotes and other complexities are critical to an
effective reply brief, which is likely to obtain only a few minutes of judicial
attention. Very short headings for subdivisions of the reply brief promote
ready comprehension. If the brief exceeds five pages, there must be a Table
of Contents and a Table of Authorities, if any are cited. Rule 24.1(c). See
Sec. 13.7, supra.
51 Rule 30.3 provides that a Justice may grant an extension of time to file a reply brief on the
merits, and the Court has done so on rare occasions and for good cause shown. See Pierce Co. v. Guillen,
No. 01-1229 (motion filed Sept. 2002).