6.6 Supplemental Authority

• Library: Appellate Practice - Virginia and Federal Courts (Virginia CLE) (2016 Ed.)

6.6 SUPPLEMENTAL AUTHORITY

Rule 28(j) of the Federal Rules of Appellate Procedure permits counsel to bring to the attention of the court "pertinent and significant authorities [that have] come to a party's attention after the party's brief has been filed— or after oral argument but before decision." Under the plain language of this rule, the authority need not be recent in nature; it is sufficient if it is "pertinent and significant." The party submitting this authority must file a letter setting forth the citation to the authority and the reason for the supplemental citation. ³¹ The...