Commission briefs procedures

You must notify the Commission in writing within the applicable filing time and serve a copy on all other parties. Under 2200.93(a), if a party chooses not to file a brief after briefs are requested, it may instead file a letter stating its arguments or a letter saying it will rely on its petition for discretionary review or a previous brief; regardless, the party must notify the Commission in writing within the time for filing briefs and serve that notice on all parties.

The first brief is due 40 days after the date of the briefing notice. Specifically, 2200.93(b)(1) states the party required to file the first brief shall do so within 40 days of the briefing notice; other parties then have 30 days after service of that first brief to file theirs.

Other parties have 30 days to file after the first brief is served. Per 2200.93(b), all other parties must file their briefs within 30 days after the first brief is served.

The petitioning party files first if one petition exists; if multiple petitions exist, the party whose petition was filed first files first. 2200.93(b)(2)(i) says the petitioning party shall file the first brief when there is one petition, and 2200.93(b)(2)(ii) directs that if more than one petition is filed, the party whose petition was filed first shall file the first brief.

Parties must file simultaneous briefs. 2200.93(b)(2)(iii) provides that if no petition has been filed, the parties shall file briefs at the same time.

The party that filed the first brief may file a reply brief; if briefs are simultaneous, both parties may file a reply brief, and no additional briefs are allowed without Commission permission. 2200.93(b)(3) explains the reply brief rules and states additional briefs require leave of the Commission.

A permitted reply brief must be filed within 15 days after the second brief is served. The rule states that any reply brief allowed by the rules or by order shall be filed within 15 days after the second brief is served, as set out in 2200.93(b).

File the motion at least 5 days before the brief is due, comply with 2200.40, and include the required details. 2200.93(c) requires a motion for extension to be filed no later than 5 days prior to the expiration of the briefing time and to comply with 2200.40; it must state when the brief is due, prior extensions, length requested, specific reason for the extension, and an assurance the brief will be filed within the extension.

The motion must say when the brief is due, list the number and duration of prior extensions for each party, state the length of extension requested, give the specific reason for the extension, and assure the brief will be filed within the requested extension. These required elements are spelled out in 2200.93(c).

The Commission will ordinarily grant an extension only for good cause shown. 2200.93(c) states that extensions will ordinarily not be granted except for good cause.

The Commission may decline to accept the late brief, vacate the direction for review, or decide the case without that party's brief. 2200.93(d) explains the Commission may refuse untimely briefs and may either vacate review or decide the case without a brief if a party fails to respond to a briefing notice or shows no interest in review.

A main brief may contain no more than 35 pages of text unless the Commission permits more, and the page count includes briefs and legal memoranda incorporated by reference. 2200.93(e) sets the 35-page limit and states that incorporated briefs and legal memoranda count toward that total.

Briefs must be typewritten, double spaced, on letter-size opaque paper (8½ by 11 inches), with text no smaller than 12-point, footnotes no smaller than 11-point, and all margins 1½ inches. These formatting rules are specified in 2200.93(f).

The Commission may return briefs that do not meet the page limits or formatting requirements. 2200.93(e) and 2200.93(f) set the substantive and format limits, and 2200.93(h) authorizes the Commission to return briefs that fail to comply.

A brief longer than 15 pages must include a table of contents. 2200.93(g) requires a table of contents for briefs in excess of 15 pages.

Yes; footnotes may use a smaller font but no smaller than 11-point. 2200.93(f) specifies the main text must be at least 12-point and footnotes at least 11-point.

Amicus curiae briefs may be allowed under the criteria and time in 2200.24, must meet the filing, page, and format rules in 2200.93(b)–(h), and no reply brief from an amicus will be received. 2200.93(i) outlines those conditions and explicitly bars amicus reply briefs.

Yes; a party may file a letter setting forth its arguments or a letter stating it will rely on its petition or previous brief, and the letter must be filed within the same applicable time for filing briefs. 2200.93(a) allows letters in lieu of briefs and requires the party not intending to file a brief to notify the Commission in writing within the briefing time and serve a copy on all parties.

The Commission may vacate the direction for review or decide the case without that party's brief. 2200.93(d) specifies that if a petitioning party fails to respond or expresses no interest, the Commission may either vacate the review direction or proceed without the brief.

Briefs that exceed the page limits because they incorporate other briefs or legal memoranda may be returned by the Commission unless permission is granted. 2200.93(e) clarifies incorporated materials count toward the 35-page main brief limit, and 2200.93(h) permits the Commission to return noncompliant briefs.

Briefs must be on letter-size opaque paper (8½ by 11 inches) with all margins 1½ inches. The paper size and margin requirements are set in 2200.93(f).

The motion may be denied as untimely because 2200.93(c) requires that a motion for extension be filed no later than 5 days prior to the expiration of the time limit; failing to meet that timing risks denial unless the Commission exercises its discretion.

If briefs are simultaneous, both parties may file a reply brief. 2200.93(b)(3) expressly allows both parties to file reply briefs in the simultaneous-briefing scenario.