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Thursday, January 03, 2013

A teaching moment - Even more on: "Is it usual to use 'big poster/charts' in oral arguments?"

Updating the ILB entry from earlier this morning noting that the buckets had been used as physical exhibits in this morning's argument, here now is the answer.

The Supreme Court issued a second order on the buckets, dated Jan. 2, 2013. The order provides:

Oral argument is sct in this appeal for January 3, 20 13. On December 27, 20 12, the appellee, Terex-Telelect, Inc., fi led "Appellee's Motion To Prevent Use of Oversized Exhibits at Oral Argumenl." On December 31, 20l2, the Court issued an order granting that motion and directing the parties not to bring any physical exhibits to the oral argument.

After the issuance of that order, the appellant, Anthony Wade, filed his "Appellant's Response to Motion to Prevent Use of Oversized Exhibits." Pursuant to Appellate Rule 34(8 ), "A response filed after ruling on the motion will automatically be treated as a motion to reconsider[.]"

After further consideration, including review of the appellant's response, which the Court treats as a motion to reconsider, the Court GRANTS reconsideration and DENIES "Appellee's Motion To Prevent Use of Oversized Exhibits at Oral Argument." The Court makes this ruling out of deference to the allegation made in the appellant's reshponse that a complete understanding or the inter-relationship between the exhibits is "absolutely critical to resolution of the specific legal issues before this Court." (Response, p. 2.)

The parties may use physical exhibits during oral argument, consistent with Appellate Rule 53(F), so long as their set-up and removal does not interfere with the other oral arguments being heard on January 3, 2013.

Indeed, a teaching moment.

Posted by Marcia Oddi on January 3, 2013 11:26 AM
Posted to A teaching moment