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8.4.6 OPINION SBELOW

Supreme Court Rule 24.1(d) requires that the brief writer cite the official and unofficial reports of “the opinions and orders entered in the case by courts and administrative agencies.” This section is usually designated “Opinions Below.” If official citations exist, the writer must provide them; if the opinions are also (or only) available in the joint appendix or some other document submitted to the court, the writer should make that clear as well —e.g., “The decision of the Second Circuit Court of Appeals is found at 101 F.3d 101 and at page 73 in the Joint Appendix.” With this section, the Supreme Court brief writer begins Arabic page numbering with page 1.

Some attorneys (notably, the United States Solicitor General’s Office) reprint the caption of the case before this element; although Rule 24.1 does not specify this requirement, reprinting the caption helps the reader to distinguish between front matter and the body of the brief.13

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Source: Beazley Mary Beth. A Practical Guide to Appellate Advocacy. Fifth Edition. — Wolters Kluwer Law,2018. — 475 p.. 2018
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