Justices note recent Rule 73 wording change; counsel debate practical effect
During argument counsel flagged a recent rules-committee change replacing 'must' with 'may' in Rule 73; advocates disagreed about whether that alteration affects the trial court's post-trial process in this case.
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Michelle Shaw alerted the bench that "since the briefing has concluded, the Supreme Court has approved a rule change to Rule 73, changing the word must to may." That change, she said, complicates the trial court's reliance on mandatory Rule 73 sequencing to justify post-trial fee procedures.
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