Citations to Supplemental Authorities

If pertinent and significant authorities come to a party’s attention after such party has filed a pleading allowed under these rules, or after oral argument but before a final decision, the party may promptly advise the Clerk by letter, with a copy to all parties, setting forth the citations. The letter must state why the supplemental citations are pertinent and significant, referring either to the page(s) of the earlier filed pleading or to a point argued orally, and, for authorities that preexisted the filing, why counsel was previously unaware of said authority. The body of the letter must not exceed 350 words. If not available online, copies of the supplemental authorities referenced in the letter must be attached to the letter. Any response by other parties must be made promptly and must be similarly limited. See Rule 37(b)(2). If the letter or the response is submitted less than seven days prior to oral argument, submission and service must be done electronically or, if the party does not have electronic filing, by overnight mail delivery or by other expeditious means.