Respondents shall file an answer to the complaint within 5 days after the date of this entry; relators’ evidence and brief are due no later than 10 days after the filing of respondents’ answer; respondents’ evidence and brief are due no later than 10 days after the filing of relators’ brief; and relators’ reply brief is due no later than 7 days after the filing of respondents’ brief.
Email sent via the mailing list from the 1851 Center for Constitutional Law states, “The Motion granted asserts that the action is likely to prevail, and that dire budgetary consequences could ensue should the case not be decided prior to January 1, 2014.” While the Petitioner’s Motion asserts that the action is likely to prevail, the Court’s order does not contain any language concerning the likelihood Petitioner will prevail. The applicable court rules (S.Ct.Prac.R. 4.01, 12.08 and 12.05) do not have a “likely to prevail” requirement and case law does not require a ruling on the likelihood of success.
