seniorjudge
Senior Member
What is "a defective letter"?
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Michigan Supreme Court
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What is "a defective letter"?
seniorjudge
Senior Member
Thank you.
Question
This last brief stated under STATEMENT OF THE BASIS OF JURISDICTION "It is conceded that the Application for Leave to Appeal was timely made, however the applicant failed to provide a statement concerning appellant jurisdiction identifying the statute, court rule or court decision believed to confer jurisdiction."
I did not get a Defective Filing Letter from the Supreme Court, so does this mean everything with jurisdiction issue is o.k.?
If not, how do I fix this issue?
This last brief stated under STATEMENT OF THE BASIS OF JURISDICTION "It is conceded that the Application for Leave to Appeal was timely made, however the applicant failed to provide a statement concerning appellant jurisdiction identifying the statute, court rule or court decision believed to confer jurisdiction."
I did not get a Defective Filing Letter from the Supreme Court, so does this mean everything with jurisdiction issue is o.k.?
If not, how do I fix this issue?
quincy
Senior Member
The clerk is responsible for making sure all docket entries are correct, that all exhibits have been filed, all relevant documents and papers are ready, and the clerk determines that all required fees have been paid. The clerk will notify you of any defects in your filing. So everything you need to have filed, if you have not received any notice from the clerk, you have apparently filed. What is contained in your brief, however, is not reviewed by the clerk, so you may not receive any notice of defect if your brief is missing information or does not conform to court rules.
A respondent may make a motion to dismiss a leave to appeal based on the ground that an appeal is not within the jurisdiction of the court, which one of your defendants has apparently done. You should still have time to correct this defect in your brief, should it be necessary. Because the Supreme Court does have jurisdiction, however, I really do not know if this motion to dismiss based on these grounds will fly, whether you stated the basis of jurisdiction or not. I have seen briefs submitted that do not contain this.
Under Rule 7.301(A), Jurisdiction, 7.301 (A)(2) says that the Supreme Court has jurisdiction on a review by appeal any case pending in the Court of Appeals or after a decision has been made by the Court of Appeals (see MCR 7.302).
What you could do is send in an addendum to your original brief, titled Statement of the Basis of Jurisdiction and write that "Jurisdiction was conferred on the Michigan Supreme Court by Michigan Court Rule 7.301 (A)(2)." You can add further details stating that the judgment sought to be reviewed and appealed by the Court is from a decision made by the Michigan Court of Appeals which was entered on such and such a date, and that your leave to appeal was filed on such and such a date, etc.
You can check with the clerk of the Court to see if you even need to add this, or what the best way to add it is, should it be necessary. You usually have time to correct any defects in your filing papers and documents - I am not so sure you can correct defects in your brief, but I imagine you can.
A respondent may make a motion to dismiss a leave to appeal based on the ground that an appeal is not within the jurisdiction of the court, which one of your defendants has apparently done. You should still have time to correct this defect in your brief, should it be necessary. Because the Supreme Court does have jurisdiction, however, I really do not know if this motion to dismiss based on these grounds will fly, whether you stated the basis of jurisdiction or not. I have seen briefs submitted that do not contain this.
Under Rule 7.301(A), Jurisdiction, 7.301 (A)(2) says that the Supreme Court has jurisdiction on a review by appeal any case pending in the Court of Appeals or after a decision has been made by the Court of Appeals (see MCR 7.302).
What you could do is send in an addendum to your original brief, titled Statement of the Basis of Jurisdiction and write that "Jurisdiction was conferred on the Michigan Supreme Court by Michigan Court Rule 7.301 (A)(2)." You can add further details stating that the judgment sought to be reviewed and appealed by the Court is from a decision made by the Michigan Court of Appeals which was entered on such and such a date, and that your leave to appeal was filed on such and such a date, etc.
You can check with the clerk of the Court to see if you even need to add this, or what the best way to add it is, should it be necessary. You usually have time to correct any defects in your filing papers and documents - I am not so sure you can correct defects in your brief, but I imagine you can.
No Motions for Dismissal only Briefs in Opposition to my Application to Appeal.
Also I looked on the Michigan Supreme Courts website, their are several briefs filed with no Jurisdictional Statements and these case were accepted for oral argument. So apparently, you do not have to include a Jurisdictional Statement**************...
Also I looked on the Michigan Supreme Courts website, their are several briefs filed with no Jurisdictional Statements and these case were accepted for oral argument. So apparently, you do not have to include a Jurisdictional Statement**************...
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quincy
Senior Member
I am of the same mind as you, that a statement of jurisdiction is probably not necessary.
If this jurisdiction matter was brought up in an appellee's response to your application to grant a leave to appeal, then you can address this issue in your reply to the response, by adding the "basis for jurisdiction" statement.
Again, you should check with the clerk to make sure this is not something that is necessary - but my feeling is that it isn't.
If this jurisdiction matter was brought up in an appellee's response to your application to grant a leave to appeal, then you can address this issue in your reply to the response, by adding the "basis for jurisdiction" statement.
Again, you should check with the clerk to make sure this is not something that is necessary - but my feeling is that it isn't.
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In my Application for Leave to Apeal I stated
1) THE APPEALS COURT ERRED BY ITS IMPROPER DETERMINATION OF LAW - MDNR ORDER 3.100(2)
Can I use this in my Reply Brief, the defendants did address the issue of the 3.100(2)( see below)?
1) Both the Trial Court and the Appeals Court erred in their improper determination of the Law on DNR Order 3.100(2) and Protected Wildlife legislation.
The last part about the Protected Wildlife legislation is entered into the record in an exhibit in jci63 deposition.
1) THE APPEALS COURT ERRED BY ITS IMPROPER DETERMINATION OF LAW - MDNR ORDER 3.100(2)
Can I use this in my Reply Brief, the defendants did address the issue of the 3.100(2)( see below)?
1) Both the Trial Court and the Appeals Court erred in their improper determination of the Law on DNR Order 3.100(2) and Protected Wildlife legislation.
The last part about the Protected Wildlife legislation is entered into the record in an exhibit in jci63 deposition.
quincy
Senior Member
If you addressed MDNR order 3.100 (2) in your application then, yes, you can use this in your response to the appellee's reply brief. You just do not want to include in any reply brief material already covered by you in your application.
I want to apologize, jci, for possibly discouraging you originally on your defamation action. I read some more of the history of your situation (in Field and Stream and elsewhere) and, although I still think the letters would not generally be considered defamatory in and of themselves, the reaction in your community to the published letters has certainly led to defamatory commments being made to and about you, with resulting reputational injury. The letters appear to have been the catalyst here, and it seems apparent that there are those in your community who feel, as a result of reading the letters, that you committed an illegal act.
I was surprised to read that your original attorney was Fred Trost. It is too bad that he is not around to follow your case through its final stage.
At any rate, I have reviewed, also, more Supreme Court leave to appeal filings and I do see that most have the one line "basis of jurisdiction" noted. I would include that, if I were you, to avoid any potential problems its absense in your application may cause.
I want to apologize, jci, for possibly discouraging you originally on your defamation action. I read some more of the history of your situation (in Field and Stream and elsewhere) and, although I still think the letters would not generally be considered defamatory in and of themselves, the reaction in your community to the published letters has certainly led to defamatory commments being made to and about you, with resulting reputational injury. The letters appear to have been the catalyst here, and it seems apparent that there are those in your community who feel, as a result of reading the letters, that you committed an illegal act.
I was surprised to read that your original attorney was Fred Trost. It is too bad that he is not around to follow your case through its final stage.
At any rate, I have reviewed, also, more Supreme Court leave to appeal filings and I do see that most have the one line "basis of jurisdiction" noted. I would include that, if I were you, to avoid any potential problems its absense in your application may cause.
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I have covered mdrr 3.100(2) in my application brief, but not the majority of the information I need to cover in the Reply Brief. Much more in depth, with some newly found information.
Is this o.k.
The second reply brief to a different defendant will cover new topic not covered in application brief, brought up by them.....
also I took your advise and called the Supreme Court Clerk, a jurisdiction statement is not required at the Michigan Supreme Court.
Thanks
Is this o.k.
The second reply brief to a different defendant will cover new topic not covered in application brief, brought up by them.....
also I took your advise and called the Supreme Court Clerk, a jurisdiction statement is not required at the Michigan Supreme Court.
Thanks
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quincy
Senior Member
I was under the impression (perhaps wrongly) that new information could not be added, either to the replies or responses, if it was not originally addressed in the application. The replies could only be regarding the issues raised in the application.
I will check on that.
I am glad the clerk was able to confirm our beliefs that a "basis of jurisdiction" statement was not needed.
I will check on that.
I am glad the clerk was able to confirm our beliefs that a "basis of jurisdiction" statement was not needed.
Rule 7.212 Briefs
(G) Reply Briefs. An appellant or a cross-appellant may reply to the brief of an appellee or cross-appellee within 21 days after service of the brief of the appellee or cross-appellee. Reply briefs must be confined to rebuttal of the arguments in the appellee's or cross-appellee's brief and must be limited to 10 pages, exclusive of tables, indexes, and appendices, and must include a table of contents and an index of authorities. No additional or supplemental briefs may be filed except as provided by subrule (F) or by leave of the Court.
(F) Supplemental Authority. Without leave of court, a party may file an original and four copies of a one-page communication, titled "supplemental authority," to call the court's attention to new authority released after the party filed its brief. Such a communication, (1) may not raise new issues; (2) may only discuss how the new authority applies to the case, and may not repeat arguments or authorities contained in the party's brief; (3) may
not cite unpublished opinions.
The Reply Brief is rebuttal of the arguments in the appellee's brief
(G) Reply Briefs. An appellant or a cross-appellant may reply to the brief of an appellee or cross-appellee within 21 days after service of the brief of the appellee or cross-appellee. Reply briefs must be confined to rebuttal of the arguments in the appellee's or cross-appellee's brief and must be limited to 10 pages, exclusive of tables, indexes, and appendices, and must include a table of contents and an index of authorities. No additional or supplemental briefs may be filed except as provided by subrule (F) or by leave of the Court.
(F) Supplemental Authority. Without leave of court, a party may file an original and four copies of a one-page communication, titled "supplemental authority," to call the court's attention to new authority released after the party filed its brief. Such a communication, (1) may not raise new issues; (2) may only discuss how the new authority applies to the case, and may not repeat arguments or authorities contained in the party's brief; (3) may
not cite unpublished opinions.
The Reply Brief is rebuttal of the arguments in the appellee's brief
In this case the other party may have mistakenly or intentionally erred in their brief by straying from what was argued on appeal.
Depending upon your states rules of procedure this may or may not be ok. But I doubt it is ok.
If appellee makes such an error, this does not open the door to compounding the error. Rather than responding to it as if there was no error, a more appropriate response might be to point out the error and request it be stricken. Such mistakes tend to lower the credibiility of the offending party. A proper response may increase the credibility of a pro se.
Either way, if it does violate procedures, the court will at some point figure this out...
Depending upon your states rules of procedure this may or may not be ok. But I doubt it is ok.
If appellee makes such an error, this does not open the door to compounding the error. Rather than responding to it as if there was no error, a more appropriate response might be to point out the error and request it be stricken. Such mistakes tend to lower the credibiility of the offending party. A proper response may increase the credibility of a pro se.
Either way, if it does violate procedures, the court will at some point figure this out...
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