Rule of Appellate Procedure 10.9
                   Corresponding Briefs on CD-ROM


    (a) Filing Corresponding Briefs on Compact Disc.  The submission of
briefs and appendices on compact disc read-only memory (CD-ROM),
referred to in this rule as corresponding briefs, filed as companions to
printed briefs is allowed and encouraged, provided that the Supreme
Court and each Division of the Court of Appeals may by general order
vary any of the conditions of this Rule, and may prohibit the filing of
corresponding briefs.

     (b) Conditions of filing.   A party may file corresponding briefs
upon 14 days notice to all other parties and the court, subject to the
following requirements:

     (1) Content.  A CD-ROM with corresponding briefs must contain all
appellate briefs filed by all parties.  Corresponding briefs must be
identical in content to the paper briefs. Corresponding briefs may
provide hypertext links to the report of proceedings and clerks papers
and to materials cited in the briefs such as cases, statutes, treatises,
law review articles, and similar authorities.  If any briefs are
hyperlinked, all briefs must be similarly hyperlinked by the submitting
party.  All materials to which a hyperlink is provided must be included
on the disc.

     (2) Format.  Corresponding briefs must come fully equipped with
 their own viewing program; or, if the disk does not contain its own
 viewing program, the briefs must be viewable within a version of a
 program such as Adobe Acrobat, Microsoft Word Viewer, or WordPerfect
 that is downloadable from the Internet at no cost to the user.

     (3) Statement Concerning Instructions and Viruses. Corresponding
briefs must be accompanied by a statement, preferably within or attached
to the packaging, that

     (A) sets forth the instructions for viewing the briefs and the
 minimum equipment required for viewing; and

      (B) verifies the absence of computer viruses and lists the
 software used to ensure that the briefs are virus-free.

     (c) Joint Submission.  Upon receiving notice of intent to file
corresponding briefs, within 14 days any other party may file notice of
intent to join in the submission.  When one or more parties join in the
submission, the parties shall cooperate in preparing a joint submission.

Absent agreement to the contrary, each party shall arrange for
preparation of its own briefs for the joint submission and the party
first giving notice shall create the CD-ROM.

     (d) Non-Joint Submission.  No party is required to prepare a
corresponding brief.  A party shall cooperate in good faith in the
preparation of corresponding briefs by expeditiously providing the
submitting party with the party's brief or briefs in electronic format,
if available.

      (e) Time of Filing.  Corresponding briefs must be filed no later
than 60 days after the final reply brief.  This rule does not affect
deadlines for paper briefs. Additional time may be granted for
completion of the corresponding briefs.

     (f) Costs.  The costs incurred in preparing and filing
corresponding briefs are not recoverable costs under Title 14 or as
attorney fees under Title 18 of these Rules.


[December 5, 2002]