FILING GUIDELINES IN THE SUPREME COURT

(ANZUS GAMING)

Preface

The Supreme Court is the final appellate jurisdiction in civil and criminal matters and hears a wide range of things. However, unlike its subordinate, it does not have original jurisdiction over crimes of the state, and thus, criminal cases cannot originate here. Yet, similarly, to how you may file a civil action in the Superior Court, you may do so too here in the Superior Court. Simply follow the guidelines provided in the Superior Court’s filing guidelines to do so. As individuals called to the Bar of the Supreme Court, no templates are given to you here, only guidelines. There are no templates in the Supreme Court.

Petitions for Certiorari.

Preliminary. These are petitions which ask a superior court to review the judgement of an inferior court in a civil or criminal matter. However, it is good to note that the Supreme Court holds two mandates, one in which it is mandatory to accept petitions for certiorari for final decisions in civil cases before the Superior Court and another in which is discretionary.

• (1)  Mandatory. Mandatory discretion means that the Supreme Court must accept petitions for certiorari which ask to review the final decisions of the Superior Court in civil cases. Final decisions refer to the judgement of the case, whereas non-final decisions (or orders) refer to the Superior Court’s rulings on things such as a motion, a preliminary injunction, etc.

• (2)  Discretionary. Discretionary simply means that it is up to the Court to determine whether or not certiorari is granted. It applies in cases where there are petitions of review for non-final orders by the Superior Court in both criminal and civil matters, and another relating to original applications for matters in which relief is otherwise not available. This includes, but is not limited to Bar admissions, attorney discipline masters, and questions of state law.

Writing a Petition for Cert. The requirements for a writ of certiorari are set forth in State Rules of Court Art. IV, § 2.  It must—

• (i)   be titled “Petition for Writ of Certiorari in re: (Law/Executive
•  Order/Department Order/Other Action being challenged)” or “Petitioner v. Respondent”;
• (ii)   contain a list of all parties to the case;
• (iii)  contain any questions of law for review, expressed in relation to the circumstances of the case;
• (iv)  contain a concise statement of the jurisdiction of the Supreme Court in this matter;
• (v)   a concise statement setting forth the facts material to the consideration of the questions presented or the case, including relevant citations;
• (vi)  contain a direct and concise argument as to why a petition should be granted, or why judgement in favour of either party should be entered, including any material the petitioner believes essential in understanding the petition;
• (vii) not be edited at any time after submission; and
• (viii)not exceed 2,000 words.

Writing a Brief in Opposition. A brief in opposition is a brief that may be filed by the respondent and is fashioned similarly to the petition for writ of certiorari, but in opposition. It must not exceed 2,000 words.

Merits Briefing.

This is not a single brief, but a number of briefs.

• (i)  Opening Brief. An opening brief is the petitioners opportunity to make their arguments on appeal in writing. Here, you will explain what the Superior Court did wrong and tell the Supreme Court what you want it to do to fix your case. An opening brief must—

• (a) contain a list of all parties to the case;
• (b) contain a table of authorities, with the relevant authorities hyperlinked;
• (c) contain issues on appeal, such as questions in which the Supreme Court is asked to answer. These are errors in which you believe the Superior Court had made in deciding your case (consider clearly wrong factual findings, a wrong application of law, or an unreasonable decision).
• (d) contain a statement of the case, setting forth the facts which led to a case to be filed in the Superior Court. Only include facts that the Superior Court will need to know in order to review your issues;
• (e) contain an argument, arguing one issue at a time, under a separate heading for each issue.

• Standard of Review. State which standard of review the Supreme Court should use in reviewing the issue and cite to the authority that supports using that standard.
• Preservation. You are required to have brought your issue to the attention of the Superior Court before you may argue the issue in the Supreme Court. This is known as preserving the issue for appeal. You will need to cite or provide evidence as to where you raised the issue in the Superior Court, and where the Superior Court ruled on the issue;
• Discussion. State arguments on the issue, if you don’t thoroughly discuss an issue, the Supreme Court will not address the issue in its decision. One way you can organize your argument is as follows:

• - Introduction. Introduce the issue and state the error the Superior Court made.
•  - Law. Cite to the law that supports your arguments as to how and why the Superior Court had made an error.
• - Facts. State the facts from your case that are relevant in resolving the issue.
• - Apply Facts to Law. Discuss why the Supreme Court must resolve the case in your favour when it applies the facts to the authorities you cited.
• - Apply Standard of Review. Discuss how the standard of review has been met.
• - Conclude. State how the court should resolve the issue.

• (ii) Answering Briefs. Answering briefs are filed by the respondents and must set forth the reasons why the Court should deny the relief requested by the petitioner. It is similarly formatted like an opening brief or petition for certiorari, but is only filed by the respondent. The answering brief must not exceed 4,000 words, unless the respondent did not file a brief in opposition, to which then the answering brief may not exceed 6,000 words. Failure to submit a reply brief within 72hrs or coordinate an extension request will result in a default judgement in favour of the petitioner at the courts discretion.

• (iii) Reply Briefs. Reply briefs are filed by the petitioners and are not mandatory. It should be formatted similarly to an opening brief or writ of certiorari and reply to the arguments set forth in the respondents' answering brief. The surreply brief must not exceed 2,000 words.

• (iv)  Surreply Briefs. Surreply briefs are briefs filed by the respondents in rebuttal of the petitioner's reply brief. It should be formatted similarly  to an opening brief or writ of certiorari  and reply to the petitioner's arguments set forth in the petitioner's reply brief. To file surreply briefs, the respondent must request leave from Court to do so,  and if the Court accepts leave, it shall specify in the order the maximum length of the supplemental briefs and the timing for filing.

• (v)  Briefs on Supplemental Briefings. The Court may, in its discretion, ask additional questions or request additional briefing. If the Court orders additional briefing, it shall specify in the order the maximum length of the supplemental briefs and the timing for filing. The Court shall specify in any additional order the maximum length of the supplemental briefs and the timing for filing.