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2 U.S.C. § 392Record

submitted 57 years ago by Pub. L. 91-138 to r/title-2-THE-CONGRESS · 273 words · no verdicts yet

in plain englishAI-generated · not legal advice

In a contested election case, the committee decides based only on the filed record. That record means the papers, depositions, and exhibits filed with the Clerk. Each side prints an appendix of record parts it wants considered, following a set schedule of briefs. The committee's own rules set the format and number of copies required.

(a) Hearing on papers, depositions, and exhibits: The committee hears contested election cases based on the papers, depositions, and exhibits filed with the Clerk. Together, these documents make up the case's official record. (b) Appendix to contestant's brief: The contestant must print, as an appendix to their brief, the parts of the record they want the committee to consider in deciding the case, plus any other parts the committee's rules require. (c) Appendix to contestee's brief: The contestee must print, as an appendix to their own brief, any parts of the record the contestant didn't already print, that the contestee wants the committee to consider. (d) Contestant's brief; service on contestee: Within forty-five days after both sides' time to gather testimony has ended, the contestant must serve the contestee with a printed brief laying out the facts and legal authority supporting their case, along with the appendix. (e) Contestee's brief; service on contestant: Within thirty days after receiving the contestant's brief and appendix, the contestee must serve the contestant with their own printed brief and appendix. (f) Reply brief of contestant: Within ten days after receiving the contestee's brief and appendix, the contestant may serve a printed reply brief on the contestee. (g) Form of briefs; number of copies served and filed: The committee's own rules govern the format and length of the briefs, the format of the appendixes, and how many copies must be served and filed.
the actual law source: uscode.house.gov ↗public domain
(a) Hearing on papers, depositions, and exhibits

Contested election cases shall be heard by the committee on the papers, depositions, and exhibits filed with the Clerk. Such papers, depositions, and exhibits shall constitute the record of the case.

(b) Appendix to contestant’s brief

Contestant shall print as an appendix to his brief those portions of the record which he desires the committee to consider in order to decide the case and such other portions of the record as may be prescribed by the rules of the committee.

(c) Appendix to contestee’s brief

Contestee shall print as an appendix to his brief those portions of the record not printed by contestant which contestee desires the committee to consider in order to decide the case.

(d) Contestant’s brief; service on contestee

Within forty-five days after the time for both parties to take testimony has expired, contestant shall serve on contestee his printed brief of the facts and authorities relied on to establish his case together with his appendix.

(e) Contestee’s brief; service on contestant

Within thirty days of service of contestant’s brief and appendix, contestee shall serve on contestant his printed brief of the facts and authorities relied on to establish his case together with his appendix.

(f) Reply brief of contestant

Within ten days after service of contestee’s brief and appendix, contestant may serve on contestee a printed reply brief.

(g) Form of briefs; number of copies served and filed

The form and length of the briefs, the form of the appendixes, and the number of copies to be served and filed shall be in accordance with such rules as the committee may prescribe.

Source credit: (Pub. L. 91–138, § 13, Dec. 5, 1969, 83 Stat. 289.)

history & why it existsrecord from the source credit
  • 1969Enacted · Pub. L. 91-138 · 83 Stat. 289

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-138 on 1969-12-05.

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