Pleadings and Motions
Motion Practice
The notice identifies authority issued or discovered after briefing, with a brief statement of its relevance. Argument beyond a concise explanation is generally improper.
Opposing parties may respond briefly.
Alternative Names:
Supplemental Authority, Notice of Additional Authority
Why it Matters?
The device is limited to authority rather than new argument, and notices that use the format to advance positions omitted from briefing draw striking. A concise statement of the holding and its application is what the format permits. The duty of candor also requires disclosing directly adverse controlling authority, which means a notice may be obligatory rather than optional where such a decision issues.
Frequently Confused with
Related terms
Frequently asked questions
What may the notice contain?
Can filing be obligatory?
