(a) When filed. At the close of the taking of testimony in any proceeding, participants may file initial and reply briefs. The dates for filing initial and reply briefs shall be established in the procedural schedule issued pursuant to Sec. 3001.80. Such dates may be modified by subsequent order issued by the Commission or the presiding officer.
(b) Contents. Each brief filed with the Commission shall be as concise as possible and shall include the following in the order indicated:
(1) A subject index with page references, and a list of all cases and authorities relied upon, arranged alphabetically, with references to the pages where the citation appears;
(2) A concise statement of the case from the viewpoint of the filing participant;
(3) A clear, concise, and definitive statement of the position of the filing participant as to the Postal Service request;
(4) A discussion of the evidence, reasons, and authorities relied upon with precise references to the record and the authorities; and
(5) Proposed findings and conclusions with appropriate references to the record or the prior discussion of the evidence and authorities relied upon.
(c) Length. Initial briefs filed by all participants other than the Postal Service shall not exceed 14,000 words. Initial briefs filed by the Postal Service shall not exceed 21,000 words. Reply briefs filed by all participants other than the Postal Service shall not exceed 7,000 words. Reply briefs filed by the Postal Service shall not exceed 10,500 words. All participants shall attest to the number of words contained in their brief. Tables of cases, tables of citations, and appendices shall not be considered as part of the word count.
(d) Include by reference. Briefs before the Commission or a presiding officer shall be completely self-contained and shall not incorporate by reference any portion of any other brief, pleading, or document.
(e) Excerpts from the record. Testimony and exhibits shall not be quoted or included in briefs except for short excerpts pertinent to the argument presented.
(f) Filing and service. Briefs shall be filed in the form and manner and served as required by Sec. Sec. 3001.9 through 3001.12.
(g) Statements of Position. As an alternative to filing a formal brief, a participant may file a Statement of Position. To the extent practicable, the contents of each Statement of Position should include a clear, concise, and definitive statement of the position of the filing participant as to the Postal Service request, as well as any points or factors in the existing record that support the participant's position. Statements of Position shall be limited to the existing record and shall not include any new evidentiary material.
Sec. Appendix A to Subpart D of Part 3001--Pro Forma N-Case Procedural
Schedule ----------------------------------------------------------------------------------------------------------------
Line Action Day number----------------------------------------------------------------------------------------------------------------1............................... Pre-Filing n/a.
Consultations \1\.2............................... Commission Order \2\... n/a.3............................... Filing of Postal 0.
Service Request.4............................... Commission Notice and 1-3.
Order \3\.5............................... Technical Conference... 10.6............................... Participant Discovery 28.
on Postal Service Case
Ends.7............................... Responses to 35.
Participant Discovery
on Postal Service Case.8............................... Participants Confirm 37.\4\
Intent to File a
Rebuttal Case.9............................... Filing of Rebuttal 42.
Cases (if submitted).10.............................. Deadline for Motions to 44.\5\
Leave to File
Surrebuttal.11.............................. Deadline for Answers to 46.
Motions for
Surrebuttal.12.............................. Filing of Surrebuttal 49.\6\
Cases (if authorized).13.............................. Hearings...............
Hearings (with no 42-44.
Rebuttal Cases).
Hearings (with Rebuttal 49-51.
Cases, but no requests
for leave to file
Surrebuttal Cases).
Hearings (with Rebuttal 54-56.
Cases and requests for
leave to file
Surrebuttal Cases).14.............................. Initial Briefs......... (7 days after conclusion of hearings).15.............................. Reply Briefs........... (7 days after filing of Initial Briefs).16.............................. Target Issuance Date of 90.
Advisory Opinion.----------------------------------------------------------------------------------------------------------------\1\ The Postal Service would initiate pre-filing consultations and would file a notice with the Commission of
such consultations prior to their commencement.\2\ This order would appoint a Public Representative.\3\ This notice and order would announce the Postal Service request, set a deadline for interventions, set a
date for a technical conference, and establish a procedural schedule.\4\ If no participant elects to file a rebuttal case, hearings begin on Day 42.\5\ If no surrebuttal cases are requested, hearings begin on Day 49.\6\ If one or more surrebuttal cases are requested (whether or not authorized by the Commission), hearings begin
on Day 54. Subparts E-L [Reserved]