2 U.S.C. § 392: Record

Summary

The committee decides contested election cases by using the papers, depositions, and exhibits filed with the Clerk. Those filings are the official record. The contestant must include a printed brief with an appendix showing the record parts he wants the committee to consider, plus any other parts the committee’s rules require. The contestee must include a printed brief with an appendix of record parts the contestant did not print that the contestee wants considered. Contestant must serve his printed brief and appendix within 45 days after both sides finish taking testimony. Contestee must serve his printed brief and appendix within 30 days after that. Contestant may serve a printed reply within 10 days. The committee’s rules set the form, length, appendix style, and number of copies.

Title 2, §392

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(a)Hearing on papers, depositions, and exhibits

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)Appendix to contestant’s brief

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)Appendix to contestee’s brief

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)Contestant’s brief; service on contestee

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)Contestee’s brief; service on contestant

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)Reply brief of contestant

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

(g)Form of briefs; number of copies served and filed

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