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PART VII — MOTIONS, BRIEFING, AMICI, AND ARGUMENT

  • 61Motions and responses
  • 62Emergency relief, stays, and the Duty Justice
  • 63Merits briefing schedule and sequence
  • 64Appellant’s or petitioner’s principal brief
  • 65Appellee’s or respondent’s brief; reply; supplemental authority
  • 66Amicus curiae briefs
  • 67Intervention, consolidation, severance, and related matters
  • 68Calendar, submission without argument, and oral argument
  • 69Conduct and record of oral argument; technical failure

PART VII — MOTIONS, BRIEFING, AMICI, AND ARGUMENT

Rule 67. Intervention, consolidation, severance, and related matters

Cite asRid. R. Sup. Ct. 67Official text at page 29

In this rule

  • (a)Intervention
  • (b)Scope
  • (c)Consolidation
  • (d)Severance
  • (e)Alignment and divided briefing
  • (f)Related-case notice
(a)§

Intervention

Intervention on appeal is exceptional. A motion must be filed within three days after the movant learns that its interest may be affected and must show:

1.§

a direct legal interest;

2.§

practical impairment without intervention;

3.§

inadequate representation by existing parties;

4.§

independent standing if required; and

5.§

no unfair disruption or expansion of the case.

An amicus brief is preferred when participation rather than party relief is sufficient.

(b)§

Scope

An intervenor takes the case as it exists, may not enlarge jurisdiction or revive an expired claim, and must follow the schedule and limits assigned by the Court.

(c)§

Consolidation

The Court may consolidate cases involving the same judgment, record, parties, or controlling question. Consolidation does not merge party identities, filing deadlines that already expired, judgments, or records unless the order expressly states.

(d)§

Severance

The Court may sever a party, question, cross-appeal, or remedy to avoid delay, conflict, prejudice, or record confusion.

(e)§

Alignment and divided briefing

The Court may realign parties for briefing or argument according to position on the judgment. It may set shared limits and require a coordinating attorney.

(f)§

Related-case notice

A party must notify the Clerk within twenty-four hours after learning of a newly related proceeding, grant of review, settlement, or judgment.

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