Notice and Briefing of Novel Issues

Foreign Intelligence Surveillance Court Rules of Procedure

Rule: 11

Jurisdiction: US

Bluebook Citation: FISC R. 11

(a) Notice to the Court. If a submission by the government for Court action involves an issue not previously presented to the Court including, but not limited to, a novel issue of technology or law - and significance of that issue. (b) Submission Relating to New Techniques. Prior to requesting authorization to use a new surveillance or search technique, the government must submit a memorandum to the Court that: the government must inform the Court in writing of the nature (1) explains the technique; (2) describes the circumstances of the likely implementation of the technique; (3) discusses any legal issues apparently raised; and ( 4) describes the proposed minimization procedures to be applied. At the latest, the memorandum must be submitted as part of the first proposed application or other submission that seeks to employ the new technique. (c) Novel Implementation. When requesting authorization to use an existing surveillance or search technique in a novel context, the government must identify and address any new minimization or other issues in a written submission made, at the latest, as part of the application or other filing seeking such authorization. ( d) Legal Memorandum. If an application or other request for action raises an issue of law not previously considered by the Court, the government must file a memorandum of law in support of its position on each new issue. At the latest, the memorandum must be -4- submitted as part of the first proposed application or other submission that raises the issue.

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