Freddie Mac-No Politics (FMCC)

[obiterdictum]

Interesting question. Appellate courts have the authority to order supplemental briefs from attorneys on any issue under appeal, especially when there is unclarity about the issue as presented by the parties or where the parties stand in relation to the issue and each other.

One judge can suggest the order for a supplemental briefing and it can be rolled along by the others if they so wish. I do not know if a unanimous decision to order is required to be on record.