Q: The rules identify a choice of double-spacing the brief.  Is this optional or required?  And do the footnotes need to be double-spaced as well?
A: Rule IV (B)(1) and footnote 2 regarding the Federal Rules of Appellate Procedure answer this question.

Q: Should we prepare for briefs from an intervenor or amicus curie?
A: Rule IV (A) allows teams to pick the side for which they want to write the brief.

Q: Is the certification of the three team members on page 35 or 36 (in other words does it included in the page count)?
A: Rule IV (B)(4) states that the certification requirements are for the measuring brief only.  The certification will not be included in the word count.

Q: Can we assume that there was a timely notice of appeal and do we have a date for it?
A: Yes, you can assume that there was a timely appeal.

Q: Can we assume that this is the first brief before the 12th Circuit and they ordered us to lay out theses specific issues?
A: Yes, you can assume that this is the first time that you before the 12th Circuit.

Q: Is there supposed to be one consolidated case # or in the caption and cover page should both case #s be listed?
A: Please list all relevant case numbers to the instant case before the 12th Circuit.

Q: How much information beyond the record can we research and include in the brief?
A: The facts from the court below are reflected in the record.  In making your arguments, you are free to use any references that you choose as indicated in your earlier email.

Q: Should we cite to the 12 page problem as one record versus two separate orders?
A: There are two orders, but only one record. 

Q: We are student advisors for this year's Pace Environmental Moot Court Competition team from Columbia Law School.  In reading over the Competition rules, it seems that faculty coaches may not assist the team but what kind of restrictions are placed on student editors?  Are we subject to the same restrictions or may we advise our team?
A: Rule VI states that "[n]o team shall receive assistance of any kind prior to filing its brief."  Unfortunately, that includes student editors. 

Q: Is it possible for you to tell me what weight the briefs are accorded during the preliminary rounds?
A: I would like to direct your attention to footnotes 4 and 5 of the NELMCC Rules which elaborate on our scoring.  Footnote 5 states that the briefs constitute 40% of the total preliminary score. 

Q: The word document for the official rules got cut off.  I was trying to figure out if it would be possible to have a brief writer for the competition, someone who wrote part of the brief but did not attend oral arguments.
A:  Rule IV (A) states that "[o]nly 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."

Q: I have a question with regard to the structure of the brief.  If writing for the appellee, should we consolidate the parties in order to write for all six issues?
A: The instructions direct that you are to represent one of the three sides, and the Court has indicated the questions it wishes addressed. 

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Q: Rule IV (B)(1) does not mention the following items in pagination: statement regarding oral argument, statement of jurisdiction and issues presented for review.   Are we to include these items in our 35 page limit?
A: Rule IV (B)(1) enumerates those items exempt from the page limit. You should therefore include sections not mentioned in the thirty-five page limit.

Q: I have a question regarding oral argument. I know that for writing the brief we were not allowed to use anything dated after September 1, 2006. Does that same rule hold for what we can use in preparing for the oral argument as well?
A: In answer to your question, no cases decided after September 1, 2006 may be cited either in the briefs or in oral argument.