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Questions pertaining to the Rules should be addressed to firstname.lastname@example.org. The Board will provide updated Rules Q&As once a week to all team contacts via email through the NELMCC ListServ. Rules Q&As will also be posted weekly on the NELMCC website. There is no deadline for Rules questions.
Q1: I would like some clarification about when the team composition needs to be reported to Pace. Our team will be composed of three members, but only two have been chosen so far. The two confirmed members were reported with the registration form. The fact sheet on the website states November 14 as the deadline for team confirmation forms. What is the deadline for team composition decisions?
A1: The date that teams must be constituted is October 22, 2014 as stated in Rule III (B) of the Official Rules and also on the Fact Sheet. Notification to the Board can be done via email.
The November 14 date is the deadline for the Team Member Confirmation Form which is different from the team constitution date. The Team Member Confirmation Form not only asks for the team member names, but also coach attendance at oral arguments and food preferences. We use this form to substantiate team members and also for planning.
Q2: Footnote 1 of the Official Rules refers to Federal Rule of Appellate Procedure 28(a)(11). However, the rules as modified in December 2013 do not contain a Rule 28(a)(11). First: Are teams required to submit a certificate of compliance? Second: Are teams expected to omit a separate statement of facts, per the amended Rules?
A2: The Official Rules are now modified to adapt to the amended Federal Rule of Appellate Procedure effective December 2013. Please refer to the modified rules pertaining to the compliance certificate and statement of facts.
Q3: Our team just wanted to confirm that we can brief the issues for any side the we choose? We were not assigned a side.
A3: Rule IV(A) of the NELMCC Official Rules (Revised 9/30) provides instructions on writing and arguing the sides of the brief.
Q4: We understand that the briefs must be entirely the students’ work product without assistance from faculty, classmates, etc. However, may they have someone unfamiliar with the question proofread the document for typos? Or would this violate the rule?
A4: Please refer to Rules IV (A) and VI. No Team shall receive assistance prior to filing its brief. That includes research, writing or any aspect of preparing the brief (i.e. proofreading).
Q5: Regarding the oral argument rules, is counsel allowed to cite new caselaw and regulations or does the rule for brief writing (that nothing after September 1, 2014 may be cited) apply to the oral argument portion of the competition as well?
A5: The rule applies to oral arguments as well.