§392 — Title 2 The Congress | U.S. Code

Summary

The committee decides contested election cases using the papers, depositions, and exhibits filed with the Clerk; those items are the case record. The contestant must include in his brief an appendix with the record parts he wants the committee to consider and any others the committee’s rules require. The contestee must include any record parts the contestant did not. Within 45 days after testimony ends the contestant must serve his printed brief and appendix. The contestee has 30 days to serve his brief and appendix after that. The contestant may file a printed reply within 10 days. The committee sets the rules for form, length, and number of copies.

Title 2, §392

The Congress — Source: USLM XML via OLRC

(a)Contested election cases shall be heard by the committee on the papers, depositions, and exhibits filed with the Clerk. Such papers, depositions, and exhibits shall constitute the record of the case.

(b)Contestant shall print as an appendix to his brief those portions of the record which he desires the committee to consider in order to decide the case and such other portions of the record as may be prescribed by the rules of the committee.

(c)Contestee shall print as an appendix to his brief those portions of the record not printed by contestant which contestee desires the committee to consider in order to decide the case.

(d)Within forty-five days after the time for both parties to take testimony has expired, contestant shall serve on contestee his printed brief of the facts and authorities relied on to establish his case together with his appendix.

(e)Within thirty days of service of contestant’s brief and appendix, contestee shall serve on contestant his printed brief of the facts and authorities relied on to establish his case together with his appendix.

(f)Within ten days after service of contestee’s brief and appendix, contestant may serve on contestee a printed reply brief.

(g)The form and length of the briefs, the form of the appendixes, and the number of copies to be served and filed shall be in accordance with such rules as the committee may prescribe.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.

§392 Record

Summary

Title 2, §392

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata