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The Kennewick Man Case | News & Comment

Amicus brief upsets court calendar

The 9th Circuit Court of Appeals has reset the briefing calendar. The Appeals Court rejected the Haudenosaunee's amicus curiae (friend of the court) brief, which significantly exceeds the limit of 7,000 words. The Appeals Court has given them until April 21, 2003 to modify and resubmit their brief. A memorandum accompanying the Haudenosaunee's brief requested that the Court allow them to exceed the limit. The Appeals Court refused to relax this requirement, holding all amici to the same rules. In an earlier submission, the Haudenosaunee's brief was returned because it did not follow the Appeals Court's format rules. The Haudenosaunee's brief was filed by their attorneys.

As a result, the Court has given the plaintiffs an additional 30 days to file their briefs to respond to the Joint Tribal Coalition's and DOJ's opening briefs (and amici briefs, if they choose). The plaintiffs' deadline to file is now May 21, 2003. The Joint Tribal Coalition and Department of Justice have 15 days to respond after the plaintiffs file. If the plaintiffs file before May 21, the final responses are due within 15 days.

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