Supplemental Brief Law and Legal Definition

Supplemental brief is an additional brief on appeal filed by consent of court or pursuant to rules of court. On occasion, courts may permit or order the parties to file supplemental briefs which call attention to new cases, new legislation, or other intervening matter unavailable at the time of the party's last filing. Generally, an issue or claim may not be asserted for the first time in a supplemental brief. A supplemental brief is not the place to raise additional demands for relief. Appellate courts disapprove of the practice of asserting new issues in reply or supplemental briefs. [Colo. Off-Highway Vehicle Coalition v. United States Forest Serv., 357 F.3d 1130 (10th Cir. Colo. 2004)]. However courts possesses authority to require supplemental briefs from counsel on any issue where confusion or doubt remains. [In re Order of First Dist. Court of Appeal etc., 556 So. 2d 1114 (Fla. 1990)]

Generally, rules do not permit the filing of supplemental briefs without leave of court, but there are some occasions, particularly after a case is orally argued or submitted on the summary calendar, where the court will call for supplemental briefs on particular issues. [USCS Ct App 5th Cir, Loc R 28]

Where a state Supreme Court declines to reach the merits of claims raised in a supplemental brief, those claims are exhausted. [NOLAN v. BORDENKIRCHER, 754 F.2d 375 (6th Cir. 1984)]