RULE 12.1
                     BASIS FOR DECISION

    (a) Generally. Except as provided in section (b), the appellate court
will decide a case only on the basis of issues set forth by the parties in
their briefs.
    (b) Issues Raised by the Court. If the appellate court concludes that
an issue which is not set forth in the briefs should be considered to
properly decide a case, the court may notify the parties and give them an
opportunity to present written argument on the issue raised by the court.