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2005 Rules Q&A
Q1: Are there only two sides to the problem (Appellants
& Appellee) or are there three sides (FSSC, State, City)? I f two
and if the team chooses to write for the appellants, do they
file both an appellant and intervenor brief? If there are three
sides, I assume the team argues each party's position once at the
Competition's preliminary rounds?
A1: There are three parties in the Problem (FSSC,
State of New Union, Capitol City). Per Rule IV (A), each team
may write only one brief. Thus, your team should choose a party
and write a brief for that party. However, per Rule V (B)(2), your
team will be required to argue each party's position once during the
three preliminary rounds of the competition (and more than that if
your team advances).
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Q2: Page 2 of the Official Rules under Rule IV(A)
states that "[w]ork product does not include materials of the
type generally used by attorneys to prepare briefs and available for
public use." Since proofreaders, such as secretaries,
paralegals, spouses, or others, are "generally used by attorneys
to prepare briefs," can we utilize such individuals as
proofreaders?
A2: This is in response to your question regarding
Rule IV (A) and the use of "materials of the type generally used
by attorneys to prepare briefs." The NELMCC Board has
interpreted the following Rules (excerpted) as precluding the use of
anyone other than the members of the Team as proofreaders. No
outside help is allowed for work on the briefs.
RULE VI. FACULTY OR OTHER ASSISTANCE
No Team shall receive assistance of any kind prior to filing its
brief.
RULE IV. THE BRIEFS
A. Only the members of the Team who will actually be arguing may
participate in writing the brief. The use of the work product of any
person other than a Team member to prepare the brief is strictly
prohibited.
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Q3: We understand
that the rules the Court will use are those of the Twelfth
Circuit. However, we have been unable to locate the rules for
the new Twelfth Circuit. Will the rules be the same as the Ninth
Circuit, from whence the 12th Circuit came? Does this apply to
precedent as well (Ninth Circuit)?
A3: This is in
response to your question regarding the Twelfth Circuit. As you
probably know, the Twelfth Circuit was created for the purposes of
this Problem. Please refer to Rule IV (B)(1) for information on the
appropriate rules to follow regarding brief format.
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Q4: The rules state:
"Briefs should preferably be double-sided. Total length of the
brief, excluding the Table of Contents, Table of Citations and
Appendices, may not exceed thirty-five (35) pages." To clarify,
does that mean briefs are not to exceed a total of 35 literal pages
(35 pieces of paper), printed on both sides? Or does it mean the total
brief is not to exceed 35 printed pages (about 17 pieces of paper
printed on both sides)?
A4: The length of the brief should not exceed
35 pages which, if double-sided, would turn out to be about 17 1/2
pieces of paper, as you say.
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Q5: Instead of mailing in a
3.5” disk, can we submit a burned CD of the file? Not only
would be less prone to file corruption, but also it would hold up
better in the US mail.
A5: The Board will accept
a CD-R (PC format only) in place of a disk. We will amend Rules
IV (B)(2) and IV (C)(1) to accept both; see http://law.pace.edu/environmentalm/moot-rules.html.
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