Short answer. The comment must be filed within ten days in seven legible copies, attach certified copies of the relevant record, point out insufficiencies or inaccuracies in the petitioner's statement of facts and issues, and state the reasons the petition should be denied or dismissed, with proof of service on the petitioner.
What the law says
The comment shall be filed within ten days from notice in seven legible copies and accompanied by clearly legible certified true copies of such material portions of the record referred to therein together with other supporting papers.
Rule 43, Section 9 — Contents of comment. Read the full provision →
What the law says
The comment shall (a) point out insufficiencies or inaccuracies in petitioner's statement of facts and issues; and (b) state the reasons why the petition should be denied or dismissed.
Rule 43, Section 9 — Contents of comment. Read the full provision →
Filing deadline and format
When the Court of Appeals orders a comment under Section 8, the respondent is on a tight clock. Section 9 requires the comment to be filed within ten days from notice in seven legible copies and accompanied by clearly legible certified true copies of such material portions of the record referred to therein together with other supporting papers. Missing any one of these formal elements exposes the comment to the same kind of procedural challenge a deficient petition would face. A respondent who anticipates needing more time should seek an extension well before the ten-day period actually runs out, rather than assuming leniency after the fact.
Substance: attack the facts, state the reasons
The comment is not a free-form response. It must point out insufficiencies or inaccuracies in petitioner's statement of facts and issues and separately state the reasons why the petition should be denied or dismissed. Both elements are expected — challenging the petitioner's version of the facts is not enough on its own without also arguing why the petition should fail, since the two requirements work together to give the court a complete picture. A comment that only disputes the facts without ever explaining why the petition should fail leaves the court without a clear basis for denying the appeal.
Service and why the structure matters
A copy of the comment must be served on the petitioner, with proof of service filed with the court. Because Rule 43 elsewhere allows outright dismissal for missing requirements, respondents benefit from treating the comment with the same procedural care petitioners must give their petitions — the ten-day window and copy count are not flexible defaults, and a respondent who treats them loosely risks weakening their own position in the appeal. Filing proof of service alongside the comment itself avoids any later dispute over whether the petitioner was actually given a fair chance to see the response.
Related provisions
- Rule 43, Section 9 — Contents of comment
- Rule 43, Section 8 — Action on the petition
- Rule 43, Section 10 — Due course