445 R.I. Code R. § 445-RICR-00-00-1.30 - Briefs, Oral Arguments, and Proposed Findings and Orders

Current through December, 23, 2021

A. Briefs and Memoranda of Law
1. Unless waived by the parties with the consent of the Board or the presiding officer, whether oral argument be heard or not, at the close of the taking of the testimony in each proceeding, or at such other time during the proceeding as the Board shall deem appropriate, the Board or the presiding officer shall fix the time for the filing and service of briefs or memoranda of law, giving due regard to the nature of the proceeding, the magnitude of the record, and the complexity or importance of the issues involved and shall fix the order in which such briefs shall be filed. The first or initial brief shall be filed by the party or parties upon whom rests the burden of proof, except that the Board or the presiding officer, when its judgment the circumstances or exigencies require, may direct that briefs or memoranda shall be filed simultaneously. The party upon whom rests the burden of proof shall have the right to file a reply brief.
2. Briefs should contain:
a. a concise statement of the case,
b. an abstract of the evidence relied upon by the party filing, preferably assembled by subjects, with references to the pages of the record or exhibits where the evidence appears, and
c. proposed findings of fact and conclusions, together with the reasons and authorities therefor, separately stated.
B. Exhibits should not be reproduced in the brief, but may, if desired, be reproduced in the appendix to the brief. Any analysis of exhibits relied on should be included in the part of the brief containing the abstract of evidence under the subjects to which they pertain. Every brief of more than twenty (20) pages shall contain a subject index, with page references, and a list of all cases cited, alphabetically arranged, with references to the pages where the citations appear. All briefs shall be as concise as possible and shall in all other aspects conform to the requirements of §§ 1.19 and 1.20 of this Part.
C. Briefs not filed and served on or before the dates fixed therefor shall not be accepted for filing, except by special permission of the Board or the presiding officer. All briefs shall be accompanied by a certificate showing service upon all parties or their attorneys who appeared at the hearing or on brief, and except where filing of a different number is permitted or directed by the Board or presiding officer, seven (7) copies of each brief shall be furnished for the use of the Board.
D. Oral Argument - When, in the opinion of the Board or the presiding officer, time permits and the nature of the proceedings, the complexity or importance of the issues of fact or law involved, and the public interest warrant, the presiding officer may, either of his own motion or at the request of a party at or before the close of the taking of testimony, allow and fix a time for the presentation of oral argument, imposing such limits or time on the argument as deemed appropriate in the proceeding. Such argument shall be transcribed and bound with the transcript of the testimony.

Notes

445 R.I. Code R. § 445-RICR-00-00-1.30
Amended effective November 28, 2018

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