Memorandum from Clerk to Counsel

    15 U OFF LCs UF LTHE TLS IAN 

1st Form w» SUR COURT OF THE UNITEMETATES No. 5059 
ashington, D, C. 205 * 0.7. 1970 

MEMORANDUM to Counsel in Cases granted Review on June 28, 1971 
  

  

Your attention is called parti ularly to Supreme Court Rules 

17, 26, 36 and 39 which apply to the time for the preparation of 

the record in the form of a Single Apnendix and for the filing of 

briefs on the merits. Copies of these Rules are available from the 

Clerk and they also are printed in 398 U.S. 1009; 90 S.Ct. 2273; 

49 F.R.D. 613: 26 L. Ed 2d following p. 577, p. II and 38 LW 4516. 

See commentaries in 90 S.Ct. 2337; 49 F.R.D. 679; and Vol, 38 LW 3501. 

      

Unidos sexed kkrizxgrmexef the cases granted review on June 28 

will be calendared for October, 1971 sgession of the 

Court. TARXXXXAAXXHKXX EeRabaioekot X 
S15hEs 2 sor Va, 5,5. 57,6 HEX EEE EE SEE XIX IK KK XX RX RX RRL The 

Single Appendix and the petitioner's or appellant's brief will be 

due 45 days from the date of grant, namely August 12 «The 

respondent's, or appellee's brief will be due 30 days thereafter. 

Rule 36(4) permits the deferral of the filing of the Single Appendix 

by stipulation of counsel or order of the Court. However, this 

provision should be used sparingly and only when there is a bulky 

record which may be reduced in size by a narrowing of the issues in 

the briefs, 

  

  

  

  

The responsibility for preparing and printing the record in the 

form of a Single Appendix is placed upon counsel for petitioner or 

appellant and the attached "Memorandum re Printing" should be followed 

as closely as possible. It is anticipated that in most instances the 

contents of the Single Appendix will be agreed upon by the parties. 

The parties should remember that the entire record is always available 

to the Court for reference and examination. In the absence of 

agreement, counsel for the petitioner or appellant must designate the 

portions of the record to be printed by _ July 8 , and counsel for 

respondent or appellee must cross-designate by July 19 ' , -Since 

the Single Appendix mst be printed by August 12 these 

dates must be met. 

  

  

  

  

In order to aid the Clerk in administering the Rules, counsel 

for all parties are requested to inform the Clerk on the date 

agreement is reached on the contents of the Single Appendix, or in 

the absence of agreement, the Clerk should be informed on the date 

that they designate and cross-designate for printing. Also counsel 

for the petitioner or appellant are requested to inform the Clerk 

when the Sinple Appendix is sent to the printers. 

  

  

If the record was not filed at the time of the docketing of the 

case, the clerk of the lower court has been requested to certify and 

transmit the rezord to this office, under Rule 16(6) or 25(1). 

The Clerk and his staff are ready and willing to provide aid 

and advice cn the application of the Rules to each case. 
A 

Telephone: Arca Code 262 = Executive 3-1640, Extension 315.