What other opportunities are there for input from parties with appeals governed by Part 16, besides the briefs and appeal files?
Occasionally, the Appellate Division of the DAB will request supplementary information or briefing from one or both parties, often in the form of questions or a preliminary analysis inviting response. We try to keep to a minimum these demands on parties’ resources, but will use these vehicles when we determine we need further development of issues to produce a better decision. Both parties — not just the party who may appear to benefit from the analysis or the direction of the questions or requests for supplementation of the record — should view these requests as an opportunity to clarify or buttress their positions. Please keep in mind that we use a preliminary analysis specifically to develop the record in a case, and that the final decision can change as a result of the further development. Thus, do not construe such an analysis as complete or definitive. In some kinds of cases, the DAB may require parties to submit proposed findings of fact and conclusions of law. In addition, in
Related Questions
- WHAT IF I WANT TO APPEAL A CIVIL COURTS DECISION THAT IS NOT FINAL AS TO ALL ISSUES AND PARTIES IN A CASE (INTERLOCUTORY APPEALS)?
- What other opportunities are there for input from parties with appeals governed by Part 16, besides the briefs and appeal files?
- Do the parties to an appeal have a right to respond to amicus curiae briefs filed in connection with the appeal?
