Patrick J. Fisher, Jr.
Clerk of Court
Elizabeth A. Shumaker
Deputy Clerk
The United States Court of Appeals for the Tenth Circuit convenes at the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado. Please see the attached Acknowledgment Form for case and date information.
All counsel must complete, sign, and return the enclosed Acknowledgment Form within ten (10) days of receipt of this notice. The form MUST BE RETURNED even if counsel will not present oral argument. The form MUST BE RETURNED even if the case is being submitted on the briefs. Failure to file this form may result in SANCTIONS personally against the responsible counsel. Counsel for amicus curiae do not receive an acknowledgment form.
Counsel arguing cases must report to the office of the clerk at least one-half hour before court convenes.
No more than fifteen (15) minutes per side is allotted for oral argument. Related cases will be argued as one case. Where division of time among counsel representing one side is needed, counsel should make that division prior to appearance for argument. See 10th Cir. R_ 34.1.1., 34.1.3., 34.1.4., 34.1.6.
You am advised that the court routinely records oral arguments for the exclusive use of the court.
ALL MOTIONS CONCERNING CALENDARED CASES MUST BE FILED EXPEDITIOUSLY in the office of the clerk. See 10th Cir. R_ 34.1.2. Responses to the motions are due within seven (7) days after receipt thereof. Motions and responses must BE FILED in quadruplicate.
Any party who desires to waive oral argument and to submit a case on the briefs may file a motion to this effect. Such motion should be filed no later than ten (10) days before the scheduled date for oral argument. See 10th Cir. R_ 34.1.2. Unless the court orders submission on the briefs, attendance at oral argument is required. If parties are represented by more than one attorney, only one attorney is required to appear for argument .Other attorneys for the same parties must acknowledge notice of oral argument and advise the court of thew intention to absent themselves by completing and filing an oral argument acknowledgment form, but need not need a formal motion to be excused.
Your attention is directed to 10th Cir. R. 33.2. regarding settlement conference.
A letter setting forth citations of pertinent supplemental authorities may be filed with the clerk thirty (30) days prior to argument. See Fed. R_ App. P. 28(j). Eight (8) copies are to be filed and a copy served on all counsel. Reference must be made in the letter to the page(s) of the brief to which the citations pertain. The letter shall state without argument the reasons for the supplemental citations. If a citation is not readily available, copies of the opinion should be attached to the letter.
NOTE: If you are an attorney for the defendant in a criminal appeal or represent the petitioner in a habeas corpus matter, you must complete the custodial status questionnaire on the back of the Acknowledgment Form.
The names of the members of the hearing panels will be available
the Monday before the week of argument by
calling (303) 844-3157. Press Option 3.
ATTACHMENT, Acknowledgement Form/Custodial Status Questionnaire
Scott Kayla Morrison
P.O. Box 637
103 1/2 W. Main
Wilburton, OK 74578
Re: Oral Argument Calendar
Case(s) No: 98-7027
caption: Dry, et. al. v. Choctaw CFR Court
Argument Date: 01/21/99
Argument Time: 9:00 a.m. (Arguing attorneys must report
one-half hour prior thereto)
Division: 3 - Fifth Submission
Place: Denver, Colorado
The subject case(s) will be orally argued, or submitted on the briefs, as indicated above.
Please complete and return this Acknowledgment Form. YOU MUST FILE AN ACKNOWLEDGMENT FORM EVEN IF ANOTHER ATTORNEY WILL ARGUE.
Refer to the enclosed Instruction Sheet for further details.
I have received notification of the setting of the subject case(s) for oral argument, or submission on the briefs, at the above date, time, and place.
IF CASE IS TO BE ORALLY ARGUED:
Name of arguing attorney: SCOTT KAYLA MORRISON
Names of parties represented: DOUG DRY,
ROSIE BURLISON, JUANITA MCCONNELL
Signature of Attorney:
Phone:465-5033
Address of Attorney:
PO BOX 637
WILBURTON, OK 74578
Date:12-8-98
CASE NO: 98-7027
CAPTION: DRY, ET AL V. CHOCTAW CFR COURT
I am the attorney of record for Doug Dry, Rosie Burlison, Juanita McConnell
[name of party represented] who is presently:
[ ] Released on a Secured Bond Pending Appeal.
[ ] Released on Recognizance (or Unsecured Bond) Pending Appeal.[ ] Incarcerated in a Federal Prison as a result of:
[ ] The conviction which is the subject of this appeal; or
[ ] Some other offense.[ ] Incarcerated in some other Federal Correctional Facility as a result of:
[ ] The conviction which is the subject of this appeal; or
[ ] Some other offense.[ ] Incarcerated in a State Penitentiary as a result of:
[ ] The conviction which is the subject of this appeal; or
[ ] Some other offense.[ ] Incarcerated in Local Jail as a result of:
[ ] The conviction which is the subject of this appeal; or
[ ] Some other offense.[ ] On Parole or Other Conditional Release as a result of:
[ ] The conviction which is the subject of this appeal; or
[ ] Some other offense.