I. CASE INITIATING PROCEDURES. b. Send a courtesy copy to the Supreme Court Clerk. Iowa R. App. P. 6.6(1).

Size: px
Start display at page:

Download "I. CASE INITIATING PROCEDURES. b. Send a courtesy copy to the Supreme Court Clerk. Iowa R. App. P. 6.6(1)."

Transcription

1 A. NOTICE OF APPEAL 1. Where Filed I. CASE INITIATING PROCEDURES a. File original notice with the district court clerk where the judgment, order or decree is entered. See Appendix, Form Number 5. b. Send a courtesy copy to the Supreme Court Clerk. Iowa R. App. P. 6.6(1). 2. Time for Filing a. File notice within 30 days of entry of judgment, order or decree, unless filing notice of an appeal of a child in need of assistance order or a termination of parental rights order under Iowa Code section (in which case, see section I(A)(2)(b)). Iowa R. App. P. 6.5(1). i. If a Rule 1.904(2) motion, motion for new trial, or motion for judgment notwithstanding verdict is filed, file notice of appeal within 30 days of a ruling on such motion. Id. Be sure post-trial motions are available and therefore toll the time for filing a notice of appeal. An untimely motion will not toll the time for filing a notice of appeal. Hogan v. Chesterman, 279 N.W.2d 12, 15 (Iowa 1979); Hays v. Hays, 612 N.W.2d 817, 819 (Iowa Ct. App. 2000). A motion to reconsider is in substance a Rule 1.904(2) motion. Beck v. Fleener, 376 N.W.2d 594, 596 (Iowa 1985). A Rule 1.904(2) motion will not toll the time to file a notice of appeal in every instance. Bellach v. IMT Ins. Co., 573 N.W.2d 903, 905 (Iowa 1998). A proper Rule 1.904(2) motion seeks to challenge an issue of fact tried by the court without a jury or seeks to amend or enlarge a legal conclusion reached by the court in that context. Id. If, however, a Rule 1.904(2) motion is used to raise legal issues already raised and decided adversely to the moving party, the motion will not toll the time to file a notice of appeal. Id. ii. A timely appeal is jurisdictional. The time for appeal cannot be extended by agreement of the parties. Robco Transp., Inc. v. Ritter, 356 N.W.2d 497, 498 (Iowa 1984). 1

2 iii. An additional three days under Rule 6.31(5) cannot be added to the 30- day deadline because the additional time does not apply where the deadline runs from the filing of a judgment, order or decree. See Iowa R. Civ. P (2); Iowa R. App. P. 6.31(5). iv. If the order being appealed was signed on one day but file-stamped on another, calculate the notice of appeal deadline from the date the order was entered. Iowa R. App. P. 6.5(1). b. File notice within 15 days of orders in chapter 232 child in need of assistance and termination cases, unless a motion for a new trial or a Rule 1.904(2) motion is filed, and then within 15 days after the entry of a ruling on such motion. Iowa R. App. P. 6.5(2). The notice must be signed by both the appellant and the appellant s attorney. Iowa R. App. P. 6.6(3). c. The notice does not actually have to be filed on the day it is due. Rather, it must be served by that date, with filing to be done within a reasonable time following service. Iowa R. Civ. P (4); Iowa R. App. P. 6.31(5). d. The Supreme Court, or an individual justice thereof, may grant an extension of time to file a notice of appeal, if the failure to timely file notice is due to the failure of the district court clerk to notify the potential appellant of the entry of the district court s final judgment. Any request for such an extension must be filed and served within 60 days of the expiration of the time to file a notice of appeal. Iowa R. App. P. 6.20(2); see also infra section III(B)(4). i. The district court is not authorized to extend the time for appeal due to lack of notice from the clerk. Iowa R. Civ. P (6). ii. The appropriate procedure to extend the time for appeal if the clerk does not notify the potential appellant within the 60-day window to move for an extension is a Petition under Iowa Rules of Civil Procedure and Uchtorff v. Dahlin, 363 N.W.2d 264, 267 (Iowa 1985); Estate of Young, 273 N.W.2d 388, (Iowa 1978). 2

3 Practice Pointer It is unlikely an extension of time for filing a notice of appeal will be granted unless the clerk s delay in notifying a party of a district court ruling is substantial and truly prevents the party from filing a timely notice of appeal. 3. Transmittal to Supreme Court Within four days of the filing of the notice of appeal, the district court clerk forwards certified copies of notice of appeal and docket entries. A copy of the docket entries is also sent to counsel. Iowa R. App. P. 6.11(1). 4. Filing Fee None, until docketing. See infra section II (F)(1), (3). 5. Contents of Notice of Appeal The notice of appeal shall specify the parties taking the appeal and the decree, judgment or order appealed from. Iowa R. App. P. 6.6(1). Caption the notice in the district court. Make the notice a simple, one page notice. See Appendix, Form Number Supreme Court Action Upon Appeal Supreme Court Clerk assigns a docket number, enters the notice of appeal, and tickles for filing deadlines. 7. Trial Court Jurisdiction Pending Appeal a. As a general rule, the district court loses jurisdiction over the merits of a case when the appeal is perfected. Wolf v. City of Ely, 493 N.W.2d 846, 848 (Iowa 1992). The district court may address a pending post-trial motion if a limited remand is granted by the appellate court. b. A district court retains jurisdiction over collateral matters not involving the subject matter of the appeal. State of Iowa v. Jose, 636 N.W.2d 38, 46 (Iowa 2001); In re B.L., 470 N.W.2d 343, 347 (Iowa 1991). c. The district court retains jurisdiction to enforce its judgment. In re Marriage of Hoffman, 515 N.W.2d 549, 550 (Iowa Ct. App. 1995). 3

4 8. Waiver and Estoppel a. Party asserting waiver of appellate rights has the burden of proof. Yeager v. Durflinger, 280 N.W.2d 1, 4 (Iowa 1979). b. Actions constituting waiver of appellate rights: i. Voluntary payment of a judgment may operate as a waiver of a right to appeal. Ames Gen. Contractors, Inc. v. Iowa Employment Sec. Comm n, 200 N.W.2d 538, 541 (Iowa 1972); see also Yeager v. Durflinger, 280 N.W.2d 1, 4 (Iowa 1979) (defendant s payment ruled not voluntary, and thus there was no waiver). ii. Generally, consent to judgment constitutes a waiver of a right to appeal. Hense v. G.D. Searle & Co., 452 N.W.2d 440, 444 (Iowa 1990). There is an exception where the consent is not truly voluntary or where unique procedural rules and considerations of judicial economy justify allowance of an appeal. Id. iii. Acceptance of benefits under a judgment or ruling may constitute a waiver of a right to appeal. Neylan v. Moser, 400 N.W.2d 538, 541 (Iowa 1987). B. NOTICE OF CROSS-APPEAL 1. Where Filed a. File original notice with the district court clerk where the judgment, order or decree is entered. Iowa R. App. P. 6.6(1). b. Send a courtesy copy to the Supreme Court Clerk. Iowa R. App. P. 6.6(1). 2. Time for Filing a. File notice within 30 days for taking an appeal or within five days after appeal is taken, whichever is later. Iowa R. App. P. 6.5(1); In re Marriage of Linberg, 462 N.W.2d 698, 702 (Iowa Ct. App. 1990). i. For example, if the notice of appeal is filed on day one following the judgment, decree, or order, there will be 29 more days to file a crossappeal. If the notice of appeal is filed on days 26-30, there will then be an additional five days to file a cross-appeal. 4

5 b. For appeals in chapter 232 child in need of assistance and termination cases, file notice within 15 days for taking an appeal or within five days after appeal is taken, whichever is later. Iowa R. App. P. 6.5(2). 3. When Appropriate a. A cross-appeal must be taken whenever a party seeks to obtain a more favorable result in the appellate court than it secured at the trial court level. Randolph Foods, Inc. v. McLaughlin, 253 Iowa 1258, 1277, 115 N.W.2d 868, 879 Iowa (1962). b. A party cannot cross-appeal from a judgment in its favor. Wentland v. Stewart, 236 Iowa 258, , 18 N.W.2d 305, 306 (1945). A party may not appeal a finding not prejudicial, no matter how erroneous, unless the judgment is adverse. Wasson v. Sac County Fair Ass n, 313 N.W.2d 548, 550 (Iowa 1981); Fankell v. Schober, 350 N.W.2d 219, 221 (Iowa Ct. App. 1984). This rule applies to cross appeals. See Benson v. Choice Grain Storage Co., 246 Iowa 591, 600, 67 N.W.2d 433, 438 (1954). c. It is unclear from the rules and there is no case law concerning whether there is a right of cross appeal in the case of interlocutory orders. Accordingly, a party who wishes to challenge an interlocutory order should proceed under Iowa Rule of Appellate Procedure 6.2. See infra section I(C). C. APPLICATION FOR INTERLOCUTORY APPEAL 1. Where Filed File original and three copies with the Supreme Court Clerk. Iowa R. App. P. 6.16(2). 2. Time for Filing File within 30 days of filing of district court order being challenged. Iowa R. App. P. 6.5(1). 3. Filing Fee a. $ Iowa R. App. P. 6.35(1). i. Applicant may seek to have the Court waive the filing fee by filing an affidavit stating the nature of the proceeding, the affiant s belief that there is an entitlement to redress, and proof of inability to pay. Iowa Code

6 Exception: Inmate or prisoners filing a civil action or appeal must pay the full filing fee, with 20% of the filing fee required before the Court will take action. Iowa Code 610A.1(1). However, the Court may authorize an inmate or prisoner to commence an appeal without prepayment of any fees if it finds that the inmate does not have sufficient funds to make the required payments. Iowa Code 610A.1(2). 4. Contents of Application for Interlocutory Appeal a. Always include a copy of the district court order being challenged. b. Include a brief in support and relevant portions of district court record. Iowa R. App. P. 6.22(3). c. If a key deadline is approaching, such as a trial date, prominently indicate that fact in the application. Specifically indicate whether a stay of district court proceedings is being sought. A separate motion to stay is recommended if there is a key deadline approaching to ensure that it receives prompt attention. d. The application and brief can be filed as two separate documents or combined into one document. 5. Resistance to Application Any resistance to the application must be filed within the time prescribed in Rule 6.22(3) 14 days unless otherwise ordered by the Supreme Court. Iowa R. App. P , 6.22(3). (A reply to the resistance may be served and filed within 3 days after the service of the resistance. Id.) The resisting party should not wait for an order granting the application to raise any cross-appeal issues. Issues other than those raised in the application should be raised by the resisting party in a separate application. 6. Sample Form No sample form is provided in this manual due to the fact-specific nature of the application. Practice Pointer Applications for interlocutory appeal and other discretionary applications and petitions must include the challenged district court rulings and other pertinent documents. Do not bury the court with paper. Appellate Rule 6.22(3)(d) limits attachments to 25 pages, unless otherwise ordered by the Court. If a ruling must be entered quickly due to an upcoming deadline or event, highlight the relevant dates in the application and 6

7 any cover letter and notify the Clerk or Deputy Clerk of the Supreme Court. Specifically indicate whether you are seeking a stay of that deadline. Be sure to argue why the district court may have erred in its ruling AND why an appeal should be allowed at this time. D. FINAL JUDGMENT OR INTERLOCUTORY APPEAL 1. Final Judgment Appeal is a matter of right only from final judgment. Iowa R. App. P Determining Whether Interlocutory or Final a. An order is interlocutory for appeal purposes if it directs inquiry into a matter of fact preparatory to a final decision. Iowa R. App. P. 6.1; In re Marriage of Zahnd, 567 N.W.2d 684, 686 (Iowa Ct. App. 1997). b. Ordinarily, summary judgment that is not dispositive of the entire case is not a final judgment for purposes of appeal. Rather, it depends on whether the judgment is related to the issues remaining in the case. River Excursions, Inc. v. City of Davenport, 359 N.W.2d 475, 477 (Iowa 1984). In a case with multiple parties, summary judgment in favor of one defendant is final as to that defendant where the claims are separate and distinct from claims against others. Argenta v. City of Newton, 382 N.W.2d 457, 459 (Iowa 1986). c. Temporary orders involving financial assistance in marriage dissolution case are final judgments which are appealable as a matter of right; failure to take timely appeal from temporary orders results in waiver of right to review. Iowa Code ; In re Marriage of Denly, 590 N.W.2d 48, 50 (Iowa 1999). Temporary orders on custody or visitation are not final judgments and any appeal from these orders is interlocutory. d. Under appellate rules, an order denying right to intervene in decedent s probate proceedings to defendants in wrongful death action was an interlocutory ruling. Iowa R. App. P. 6.1, 6.2; In Re Estate of Troester, 331 N.W.2d 123, 126 (Iowa 1983). e. Denial of motion to disqualify counsel is properly subject of an interlocutory appeal. Iowa R. App. P. 1(c), 2(a); Richers v. Marsh & McLennan Group Assocs., 459 N.W.2d 478, 480 (Iowa 1990). f. An order in a CINA action directing the Department of Human Services to file a petition to terminate parental rights is interlocutory. In re W.D., III, 562 N.W.2d 183, 186 (Iowa 1997), In re A.C., 443 N.W.2d 732, 733 (Iowa Ct. 7

8 App. 1989). CINA adjudication orders are interlocutory, but dispositional orders are final, appealable orders. g. Sometimes there may be more than one final judgment. Board of Waterworks Trustees v. City of Des Moines, 469 N.W.2d 700, 702 (Iowa 1991) (a motion for sanctions is a collateral matter that does not toll the time for appeal of the underlying judgment); Lynch v. City of Des Moines, 464 N.W.2d 236, 240 (Iowa 1990) (appeal from attorney fee award is separate and distinct from appeal of underlying judgment). h. A final order on an application for attorney fees in the underlying action is separately appealable. If this final order is also appealed, the appellant shall file a motion to consolidate. Iowa R. App. P. 6.1(2). Practice Pointer If you have mistakenly appealed from a ruling which is not final, either dismiss the appeal or file a motion asking that the notice of appeal be treated as an application for interlocutory appeal and provide reasons why the application should be granted. Attach pertinent papers. It is a tremendous waste of everyone s efforts if the defect is not discovered until screening or submission to the appropriate court. E. PETITION FOR WRIT OF CERTIORARI 1. Where Filed File original and three copies with the Supreme Court Clerk or a justice thereof. Iowa R. App. P Time for Filing The petition must be filed within 30 days of the alleged illegal act. Iowa R. App. P ; Iowa R. Civ. P (3). 3. Filing Fee a. $ Iowa R. App. P. 6.35(1), b. Plaintiff may seek to waive filing fee if counsel is court appointed. Plaintiff must file motion to waive filing fee and attach a copy of district court order of appointment. c. If the plaintiff is an inmate who is filing a petition in a civil matter, plaintiff must pay a minimum of 20% of the required fee. Iowa Code 610A.1(1). However, the Court may authorize an inmate or prisoner to commence an 8

9 appeal without prepayment of any fees if it finds that the inmate does not have sufficient funds to make the required payments. Iowa Code 610A.1(2). 4. Contents of Petition for Writ of Certiorari a. Always include a copy of the district court order being challenged. Other relevant documents may be attached, but they are limited to 25 pages pursuant to Appellate Rule 6.22(3)(d), unless otherwise ordered by the Court. b. Include a brief in support and relevant portion of district court record. c. If a key deadline is approaching, prominently indicate that fact in the petition. Specifically indicate whether a stay of district court proceedings, such as the issuance of mittimus, is being sought. A separate motion to stay is recommended if a key deadline is approaching to ensure that it receives prompt attention. d. The petition and brief can be filed as two documents or combined into one document. 5. When Appropriate a. A writ of certiorari is appropriate to challenge an alleged illegal act of the district court or an act that exceeds the district court s jurisdiction. Polk County Sheriff v. Iowa Dist. Ct. for Polk County, 594 N.W.2d 421, 423 (Iowa 1999); French v. Iowa Dist. Ct. for Jones County, 546 N.W.2d 911, 913 (Iowa 1996). b. Review of court-appointed attorney fee award is properly raised by certiorari. Green v. Iowa Dist. Ct., 415 N.W.2d 606, 607 (Iowa 1987). c. Review of a contempt order is properly raised by certiorari. Iowa Code d. Ruling on motion to suppress may be reviewed by certiorari. State v. District Ct., 218 N.W.2d 641, 643 (Iowa 1974). e. Review of failure of trial court to grant non-party s motion for protective order is by certiorari. Shannon by Shannon v. Hansen, 469 N.W.2d 412, 414 (Iowa 1991). f. Allegation that board or tribunal exercising judicial functions acted illegally is proper subject of certiorari. Polk County Sheriff v. Iowa Dist. Ct. for Polk County, 594 N.W.2d 421, 423 (Iowa 1999). 9

10 g. If a plaintiff brings a mandamus action where certiorari should have been used, the court shall permit the party to amend its petition to ask for certiorari. Iowa R. Civ. P. 1(c). See also Bellon v. Monroe County, 577 N.W.2d 877, 879 (Iowa Ct. App. 1998) (distinction between certiorari and mandamus). 6. Parties a. The parties are designated as Plaintiff and Defendant. The plaintiff is the party seeking relief. The defendants are the district court (not an individual judge) and any other parties in the district court proceeding, other than the certiorari plaintiff. Iowa R. App. P (1). b. The non-petitioning party from the underlying action is required to make all appellate filings required by the rules. Mason v. Robinson, 340 N.W.2d 236, 238 (Iowa 1983) (although the district court is the nominal party the nonpetitioning party is the interested party and must assume the defense of the action). c. A party may be permitted to withdraw from the defense of the court by a justice of the Supreme Court. Iowa R. App. P A motion to withdraw must identify the interest of the applicant in the challenged decision and state the grounds that justify withdrawal. It must be served on all parties, the district court, and the attorney general. Iowa R. App. P Docketing Plaintiff shall cause the proceeding to be docketed within 20 days after the writ is granted. Iowa R. App. P (2), 6.12(2)(c). 8. Return of the Writ The district court clerk shall be requested to transmit the district court record to the Supreme Court Clerk. Iowa R. App. P Sample Form No sample form is provided in the manual due to the fact-specific nature of the petition. Practice Pointer Be sure to get the terminology correct in original certiorari actions. The party filing the petition is the plaintiff and the Iowa District Court for County is the defendant. In many cases, especially those involving domestic relations, the opposing party from the district court proceeding will represent the district court in the certiorari 10

11 action. In other cases, the Attorney General will represent the district court. The petition is either granted or denied. If granted, a writ is issued. The writ is then sustained or annulled by the appellate court. Do not confuse an original certiorari action with an appeal from a certiorari action in the district court. In the latter, the parties are referred to as appellant and appellee on appeal. Additionally, if one is unsure as to whether to file a petition for writ of certiorari, appeal, or discretionary review, please be advised that Iowa Rule of Appellate Procedure states that if any of these remedies is chosen, the appellate court shall proceed as though the proper form of review had been sought. The appellate court shall proceed, even if it is of the opinion that another one of the aforementioned remedies was the proper remedy. Iowa R. App. P F. AMOUNT IN CONTROVERSY/APPLICATION TO CERTIFY APPEAL 1. Amount in Controversy a. Unless the action involves an interest in real estate, no appeal is allowed in a case, not originally tried as a small claim, where the amount in controversy, as shown by the pleadings, is less than $6,000. Iowa R. App. P b. The test for determining amount in controversy is whether the trial court could have entered judgment against any party for that amount. Kirkpatrick Estate v. Hennings, 524 N.W.2d 440, 442 (Iowa Ct. App. 1994). The amount is determined in the pleadings, not the verdict or final judgment. Id. 2. Procedure Where Amount in Controversy is Insufficient a. A small claims action may be reviewed pursuant to the procedures contained in Iowa Code section and Iowa Rules of Appellate Procedure b. An action not originally tried as a small claim, but less than the jurisdictional amount in controversy, is governed by Iowa Rule of Appellate Procedure Filing Fee $ Iowa R. App. P. 6.35(1). Practice Pointer In determining amount in controversy, remember to focus on the pleadings rather than the outcome of the case in the district court. 11

12 G. APPLICATION FOR DISCRETIONARY REVIEW 1. Where Filed File original and three copies with the Supreme Court Clerk. Iowa R. App. P. 6.16(1), 6.201(1). 2. Time for Filing File within 30 days after entry of the district court order. Iowa R. App. P (1). 3. Filing Fee a. $ Iowa R. App. P. 6.35(1), 201(3). b. If a defendant in a criminal proceeding has been found to be indigent by the district court, the defendant may file a written request to file application for discretionary review without payment of the fee, along with a copy of the finding of indigency. Iowa R. App. P (3). c. If the applicant is an inmate who is filing an application in a civil matter, applicant must pay a minimum of 20% of required fee. Iowa Code 610A.1(1). 4. Contents of Application for Discretionary Review a. Always include a copy of the district court order being challenged. b. Attach copies of relevant portions of the docket and court calendar entries, court papers, exhibits, and transcript. Iowa R. App. P (2). Attachments are limited to 25 pages, unless otherwise ordered by the Court. Iowa R. App. P. 6.22(3)(d). c. Include a brief in support and relevant portions of district court record. Iowa R. App. P. 6.22(c). d. If a key deadline is approaching, such as a trial date, prominently indicate that fact in the application. Specifically indicate whether a stay of district court proceedings is being sought. e. The application and brief can be filed as two separate documents or combined into one document. 12

13 5. Sample Form No sample form has been provided in this manual due to the fact-specific nature of the application. H. APPLICATION FOR DELAYED APPEAL 1. When Appropriate An application for delayed appeal is a procedure used in criminal matters to allow an appeal to be taken where the time for taking an appeal has expired. Swanson v. State, 406 N.W.2d 792, 793 (Iowa 1987). 2. Procedure There is no procedure either by statute or by rule for a delayed appeal. It is judicially created. The procedure to be followed is that used for motions before the Supreme Court under Iowa Rule of Appellate Procedure State v. Anderson, 308 N.W.2d 42, 46 (Iowa 1981). I. CERTIFICATION OF QUESTIONS OF LAW 1. Supreme Court Action upon Certification The Supreme Court may answer questions certified to it by the United States Supreme Court, a court of appeals of the United States, a United States district court or the highest appellate court or the intermediate appellate court of another state court if there are questions of law of this state which may be determinative of the cause pending in the certifying court. Iowa Code 684A Where Filed The clerk of the certifying court shall file the order with the Supreme Court Clerk. Iowa Code 684A Contents of Certification Order a. A certification order shall set forth the questions of law to be answered and a statement of facts. Iowa Code 684A.3. b. The order shall be prepared by the certifying court. The judge presiding at the hearing shall sign the order. Id. 13

14 c. The certifying court shall identify the party, if any, who moved for certification of the question as movant. If the court certifies the question on its own motion, the certification order shall specify which party is to file a brief first. Iowa R. App. P Docketing a. The movant or party who is to file a brief first shall cause the appeal to be docketed within 10 days of the date of filing of the certification order. Iowa R. App. P b. The movant or party who is to file a brief first shall docket the appeal by paying to the Supreme Court Clerk a docket fee in the amount of $ Iowa R. App. P Briefing The filing deadlines for all briefs and appendix are reduced pursuant to Iowa Rule of Appellate Procedure Iowa R. App. P ; see Iowa Code 684A Petition for Rehearing Upon the filing of an opinion on a certified question of law, no petition for rehearing shall be allowed. Iowa R. App. P Scope of the Supreme Court s Review The Supreme Court has discretion with regard to the questions of law it will answer. It will decline to answer certified questions where the factual basis is not sufficiently set out; it will not answer hypothetical questions. Eley v. Pizza Hut, 500 N.W.2d 61, 63 (Iowa 1993). 14

RULES OF THE DISTRICT OF COLUMBIA COURT OF APPEALS (Revised effective January 1, 2011)

RULES OF THE DISTRICT OF COLUMBIA COURT OF APPEALS (Revised effective January 1, 2011) RULES OF THE DISTRICT OF COLUMBIA COURT OF APPEALS (Revised effective January 1, 2011) TITLE I. INTRODUCTION Rule 1. Title and Scope of Rules; Definitions. 2. Seal. TITLE II. APPEALS FROM JUDGMENTS AND

More information

VIRGIN ISLANDS SUPREME COURT RULES (as amended November 2, 2011)

VIRGIN ISLANDS SUPREME COURT RULES (as amended November 2, 2011) VIRGIN ISLANDS SUPREME COURT RULES (as amended November 2, 2011) RULE Rule 1. Scope of Rules; Terms; Sessions; Seal; Filing in Superior Court. (a) Title and Citation (b) Scope of Rules (c) Authority for

More information

Chapter II BAY MILLS COURT OF APPEALS

Chapter II BAY MILLS COURT OF APPEALS Chapter II BAY MILLS COURT OF APPEALS 201. CREATION OF THE BAY MILLS COURT OF APPEALS. There shall be a Bay Mills Court of Appeals consisting of the three appeals judges. Any number of judges may be appointed

More information

NEW HAMPSHIRE SUPREME COURT ADVISORY COMMITTEE ON RULES PUBLIC HEARING NOTICE. The New Hampshire Supreme Court Advisory Committee on Rules

NEW HAMPSHIRE SUPREME COURT ADVISORY COMMITTEE ON RULES PUBLIC HEARING NOTICE. The New Hampshire Supreme Court Advisory Committee on Rules NEW HAMPSHIRE SUPREME COURT ADVISORY COMMITTEE ON RULES PUBLIC HEARING NOTICE The New Hampshire Supreme Court Advisory Committee on Rules will hold a PUBLIC HEARING at 12:30 p.m. on Friday, December 14,

More information

The court annexed arbitration program.

The court annexed arbitration program. NEVADA ARBITRATION RULES (Rules Governing Alternative Dispute Resolution, Part B) (effective July 1, 1992; as amended effective January 1, 2008) Rule 1. The court annexed arbitration program. The Court

More information

A Guide for SelfRepresentation

A Guide for SelfRepresentation A Guide for SelfRepresentation Maryland Court of Special Appeals 2016 CONTENTS Introductory Comments..................... 1 Appellate Review in the Court of Special Appeals.......... 2 Preliminary Comments.....................

More information

RULES GOVERNING ALTERNATIVE DISPUTE RESOLUTION

RULES GOVERNING ALTERNATIVE DISPUTE RESOLUTION RULES GOVERNING ALTERNATIVE DISPUTE RESOLUTION A. GENERAL PROVISIONS Rule 1. Definitions. As used in these rules: (A) Arbitration means a process whereby a neutral third person, called an arbitrator, considers

More information

IN THE COURT OF APPEALS OF IOWA. No / Filed November 6, Appeal from the Iowa District Court for Linn County, Ian K.

IN THE COURT OF APPEALS OF IOWA. No / Filed November 6, Appeal from the Iowa District Court for Linn County, Ian K. IN THE COURT OF APPEALS OF IOWA No. 3-790 / 12-1666 Filed November 6, 2013 RICHARD ARTHUR PUNDT, Plaintiff-Appellee, vs. THE GAZETTE COMPANY, GAZETTE COMMUNICATIONS, INC., and TRISH MEHAFFEY, Defendants-Appellants.

More information

FOR IMMEDIATE RELEASE

FOR IMMEDIATE RELEASE United States Court of Appeals for the Federal Circuit FOR IMMEDIATE RELEASE October 16, 2009 The United States Court of Appeals for the Federal Circuit proposes to amend its Rules. These amendments are

More information

TRIBAL CODE CHAPTER 82: APPEALS

TRIBAL CODE CHAPTER 82: APPEALS TRIBAL CODE CHAPTER 82: APPEALS CONTENTS: 82.101 Purpose... 82-3 82.102 Definitions... 82-3 82.103 Judge of Court of Appeals... 82-4 82.104 Term... 82-4 82.105 Chief Judge... 82-4 82.106 Clerk... 82-4

More information

Administrative Rules for the Office of Professional Regulation Effective date: February 1, Table of Contents

Administrative Rules for the Office of Professional Regulation Effective date: February 1, Table of Contents Administrative Rules for the Office of Professional Regulation Effective date: February 1, 2003 Table of Contents PART I Administrative Rules for Procedures for Preliminary Sunrise Review Assessments Part

More information

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

IN THE SUPREME COURT OF THE STATE OF ILLINOIS M.R. 3140 IN THE SUPREME COURT OF THE STATE OF ILLINOIS Order entered March 15, 2013. (Deleted material is struck through and new material is underscored, except in Rule 660A, which is entirely new.) Effective

More information

RULES OF CIVIL APPELLATE PROCEDURE. Tribal Council Resolution

RULES OF CIVIL APPELLATE PROCEDURE. Tribal Council Resolution RULES OF CIVIL APPELLATE PROCEDURE Tribal Council Resolution 16--2008 Section I. Title and Codification This Ordinance shall be known as the Saint Regis Mohawk Tribal Rules of Civil Appellate Procedure.

More information

Standing Practice Order Pursuant to 20.1 of Act Establishing Rules Governing Practice and Procedure in Medical Assistance Provider Appeals

Standing Practice Order Pursuant to 20.1 of Act Establishing Rules Governing Practice and Procedure in Medical Assistance Provider Appeals Standing Practice Order Pursuant to 20.1 of Act 2002-142 Establishing Rules Governing Practice and Procedure in Medical Assistance Provider Appeals TABLE OF CONTENTS PART I--PRELIMINARY PROVISIONS Subpart

More information

3RD CIRCUIT LOCAL APPELLATE RULES Proposed amendments Page 1

3RD CIRCUIT LOCAL APPELLATE RULES Proposed amendments Page 1 3RD CIRCUIT LOCAL APPELLATE RULES Proposed amendments 2008 - Page 1 1 L.A.R. 1.0 SCOPE AND TITLE OF RULES 2 1.1 Scope and Organization of Rules 3 The following Local Appellate Rules (L.A.R.) are adopted

More information

A The following shall be assigned to the appellate division:

A The following shall be assigned to the appellate division: IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER, MARTIN, OKEECHOBEE, AND ST. LUCIE COUNTIES, STATE OF FLORIDA ADMINISTRATIVE ORDER 2015-13 RE: Appellate Division of the

More information

APPEAL A FORCIBLE DETAINER JUDGMENT

APPEAL A FORCIBLE DETAINER JUDGMENT MARICOPA COUNTY JUSTICE COURT How to APPEAL A FORCIBLE DETAINER JUDGMENT Justice Court in Maricopa County June 23, 2005 ALL RIGHTS RESERVED FORM (# MARICOPA COUNTY JUSTICE COURT Either party may appeal

More information

GOING IT ALONE. A Step-by-Step Guide to Representing Yourself on Appeal in Indiana

GOING IT ALONE. A Step-by-Step Guide to Representing Yourself on Appeal in Indiana GOING IT ALONE A Step-by-Step Guide to Representing Yourself on Appeal in Indiana INTRODUCTION How to Use this Guide The purpose of this guide Before you go it alone Parts of this guide APPEALS IN INDIANA

More information

Constitutional review by district court of administrative decisions and orders. A. Scope of rule. This rule governs writs of certiorari to

Constitutional review by district court of administrative decisions and orders. A. Scope of rule. This rule governs writs of certiorari to 1-075. Constitutional review by district court of administrative decisions and orders. A. Scope of rule. This rule governs writs of certiorari to administrative officers and agencies pursuant to the New

More information

NC General Statutes - Chapter 15A Article 89 1

NC General Statutes - Chapter 15A Article 89 1 Article 89. Motion for Appropriate Relief and Other Post-Trial Relief. 15A-1411. Motion for appropriate relief. (a) Relief from errors committed in the trial division, or other post-trial relief, may be

More information

CRIMINAL COURT STEERING COMMITTEE HONORABLE JAY P. COHEN, CHAIR SC

CRIMINAL COURT STEERING COMMITTEE HONORABLE JAY P. COHEN, CHAIR SC Filing # 35626342 E-Filed 12/16/2015 03:44:38 PM AMENDED APPENDIX A RECEIVED, 12/16/2015 03:48:30 PM, Clerk, Supreme Court CRIMINAL COURT STEERING COMMITTEE HONORABLE JAY P. COHEN, CHAIR SC15-2296 RULE

More information

ELY SHOSHONE RULES OFAPPELLATE PROCEDURE

ELY SHOSHONE RULES OFAPPELLATE PROCEDURE [Rev. 10/10/2007 2:43:59 PM] ELY SHOSHONE RULES OFAPPELLATE PROCEDURE I. APPLICABILITY OF RULES RULE 1. SCOPE, CONSTRUCTION OF RULES (a) Scope of Rules. These rules govern procedure in appeals to the Appellate

More information

Initial Civil Appeals: Delaware

Initial Civil Appeals: Delaware Resource ID: w-000-3316 Initial Civil Appeals: Delaware WILLIAM M. LAFFERTY AND JOHN P. DITOMO, MORRIS, NICHOLS, ARSHT & TUNNELL LLP, WITH PRACTICAL LAW LITIGATION Search the Resource ID numbers in blue

More information

HAWAII ADMINISTRATIVE RULES TITLE 12 DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS SUBTITLE 7 BOARDS CHAPTER 47

HAWAII ADMINISTRATIVE RULES TITLE 12 DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS SUBTITLE 7 BOARDS CHAPTER 47 HAWAII ADMINISTRATIVE RULES TITLE 12 DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS SUBTITLE 7 BOARDS CHAPTER 47 LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE Subchapter 1

More information

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 2:9. MISCELLANEOUS PROCEEDINGS PENDING APPEAL

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 2:9. MISCELLANEOUS PROCEEDINGS PENDING APPEAL RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 2:9. MISCELLANEOUS PROCEEDINGS PENDING APPEAL Rule 2:9-1. Control by Appellate Court of Proceedings Pending Appeal or Certification (a) Control

More information

Framing the Issues on Appeal Nuts and Bolts November 15, 2016

Framing the Issues on Appeal Nuts and Bolts November 15, 2016 Framing the Issues on Appeal Nuts and Bolts November 15, 2016 READ PART VIII OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE, AND THEN READ THEM AGAIN. THIS IS ONLY A GUIDE AND SUMMARY! I. Timely filing of

More information

SOUTHWEST INTERTRIBAL COURT OF APPEALS RULES OF APPELLATE PROCEDURE

SOUTHWEST INTERTRIBAL COURT OF APPEALS RULES OF APPELLATE PROCEDURE SOUTHWEST INTERTRIBAL COURT OF APPEALS RULES OF APPELLATE PROCEDURE Accepted and approved, as amended, by the Standing Administrative Committee on June 22, 2001 SOUTHWEST INTERTRIBAL COURT OF APPEALS RULES

More information

NC General Statutes - Chapter 15A Article 91 1

NC General Statutes - Chapter 15A Article 91 1 Article 91. Appeal to Appellate Division. 15A-1441. Correction of errors by appellate division. Errors of law may be corrected upon appellate review as provided in this Article, except that review of capital

More information

Distinctions with a Difference: A Comparison of Federal and State Court Appeals

Distinctions with a Difference: A Comparison of Federal and State Court Appeals Distinctions with a Difference: A Comparison of Federal and State Court Appeals 2014 Upper Midwest Employment Law Institute May 20, 2014 Presentation by Former Chief Justice Eric J. Magnuson Partner, Robins,

More information

Rule Change #1998(14)

Rule Change #1998(14) Rule Change #1998(14) Chapter 32. Colorado Appellate Rules Original Jurisdiction Certification of Questions of Law Rule 21. Procedure in Original Actions The entire existing C.A.R. Rule 21 is repealed

More information

PRO SE GUIDE CHILD WELFARE APPEAL PROCEDURES

PRO SE GUIDE CHILD WELFARE APPEAL PROCEDURES PRO SE GUIDE CHILD WELFARE APPEAL PROCEDURES Basic information about filing an appeal to the Utah Court of Appeals Utah Court of Appeals Appellate Clerks' Office 450 South State, Fifth Floor PO Box 140230

More information

b. A defendant has one day after the rendition of judgment and sentence to file a motion for new trial.

b. A defendant has one day after the rendition of judgment and sentence to file a motion for new trial. CHAPTER 10 NEW TRIALS AND APPEALS 1. Motion for New Trial and Appeal in Non-record Municipal Court Checklist 10-1 1. All defendants have a right to appeal their convictions. 2. Defendants are not required

More information

United States Court of Appeals for the Federal Circuit Proposed Changes to the Rules of Practice. Federal Circuit Rule 1

United States Court of Appeals for the Federal Circuit Proposed Changes to the Rules of Practice. Federal Circuit Rule 1 Rule 1. Scope of Rules; Title United States Court of Appeals for the Federal Circuit Proposed Changes to the Rules of Practice Federal Circuit Rule 1 (a) Reference to District and Trial Courts and Agencies.

More information

Part 3 Rules for Providing Legal Representation in Non- Capital Criminal Appeals and Non-Criminal Appeals

Part 3 Rules for Providing Legal Representation in Non- Capital Criminal Appeals and Non-Criminal Appeals Page 1 of 13 Part 3 Rules for Providing Legal Representation in Non- Capital Criminal Appeals and Non-Criminal Appeals This third part addresses the procedure to be followed when a person is entitled to

More information

RULES AND STATUTES ON HABEAS CORPUS with Amendments and Additions in the ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996

RULES AND STATUTES ON HABEAS CORPUS with Amendments and Additions in the ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996 RULES AND STATUTES ON HABEAS CORPUS with Amendments and Additions in the ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996 CRIMINAL JUSTICE LEGAL FOUNDATION INTRODUCTION On April 24, 1996, Senate Bill

More information

TENNESSEE RULES OF APPELLATE PROCEDURE RULE 3 APPEAL AS OF RIGHT: AVAILABILITY; METHOD OF INITIATION

TENNESSEE RULES OF APPELLATE PROCEDURE RULE 3 APPEAL AS OF RIGHT: AVAILABILITY; METHOD OF INITIATION TENNESSEE RULES OF APPELLATE PROCEDURE RULE 3 APPEAL AS OF RIGHT: AVAILABILITY; METHOD OF INITIATION [Amend Rule 3(b) and (c) by adding the underlined text and deleting the overstricken text below; paragraphs

More information

BRADFORD COUNTY LOCAL CIVIL RULES. 1. Upon the filing of a divorce or custody action pursuant to the Pennsylvania Rules of

BRADFORD COUNTY LOCAL CIVIL RULES. 1. Upon the filing of a divorce or custody action pursuant to the Pennsylvania Rules of BRADFORD COUNTY LOCAL CIVIL RULES Local Rule 51 These rules shall be known as the Bradford County Rules of Civil Procedure and may be cited as Brad.Co.R.C.P. Local Rule 205.2(b) 1. Upon the filing of a

More information

PROPOSED RULES OF APPELLATE PROCEDURE AMENDMENT APPEAL PROCEEDINGS IN CRIMINAL CASES

PROPOSED RULES OF APPELLATE PROCEDURE AMENDMENT APPEAL PROCEEDINGS IN CRIMINAL CASES PROPOSED RULES OF APPELLATE PROCEDURE AMENDMENT RULE 9.140. APPEAL PROCEEDINGS IN CRIMINAL CASES (a) Applicability. Appeal proceedings in criminal cases shall be as in civil cases except as modified by

More information

ARTICLE II. APPELLATE PROCEDURE

ARTICLE II. APPELLATE PROCEDURE APPEALS FROM LOWER COURTS 210 Rule 901 ARTICLE II. APPELLATE PROCEDURE Chap. Rule 9. APPEALS FROM LOWER COURTS... 901 11. APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT... 1101 13. INTERLOCUTORY APPEALS

More information

FLORIDA RULES OF JUDICIAL ADMINISTRATION. (1) The chief judge shall be a circuit judge who possesses administrative ability.

FLORIDA RULES OF JUDICIAL ADMINISTRATION. (1) The chief judge shall be a circuit judge who possesses administrative ability. FLORIDA RULES OF JUDICIAL ADMINISTRATION RULE 2.050. TRIAL COURT ADMINISTRATION (a) Purpose. The purpose of this rule is to fix administrative responsibility in the chief judges of the circuit courts and

More information

Rules of the Court of Appeals of Virginia (not including forms)

Rules of the Court of Appeals of Virginia (not including forms) As of June 0 0 0 Rules of the Court of Appeals of Virginia (not including forms) PART FIVE A THE COURT OF APPEALS A. General. Rule A:. Scope, Citation, Applicability and General Provisions. (a) Scope of

More information

THE JOINT RULES OF APPELLATE PROCEDURE FOR COURTS OF CRIMINAL APPEALS

THE JOINT RULES OF APPELLATE PROCEDURE FOR COURTS OF CRIMINAL APPEALS THE JOINT RULES OF APPELLATE PROCEDURE FOR COURTS OF CRIMINAL APPEALS Effective 1 January 2019 Table of Contents I. General... 1 Rule 1. Courts of Criminal Appeals... 1 Rule 2. Scope of Rules; Title...

More information

Utah Court Rules on Trial Motions Francis J. Carney

Utah Court Rules on Trial Motions Francis J. Carney Revised July 10, 2015 NOTE 18 December 2015: The trial and post-trial motions have been amended, effective 1 May 2016. See my blog post for 18 December 2015. This paper will be revised to reflect those

More information

UNDERSTANDING THE APPELLATE PROCESS IN THE FOURTH DISTRICT COURT OF APPEAL

UNDERSTANDING THE APPELLATE PROCESS IN THE FOURTH DISTRICT COURT OF APPEAL UNDERSTANDING THE APPELLATE PROCESS IN THE FOURTH DISTRICT COURT OF APPEAL (Submitted by appellate lawyer members of the Palm Beach County Appellate Practice Committee) THE INFORMATION CONTAINED BELOW

More information

Rule 3.4. Appeals ffrom Proceedings in Dependency or Neglect

Rule 3.4. Appeals ffrom Proceedings in Dependency or Neglect Rule 3.4. Appeals ffrom Proceedings in Dependency or Neglect (a) How Taken. Appeals from judgments, decrees, or orders in dependency or neglect proceedings, as permitted by section 19-1-109 (2) (b) and

More information

District of Columbia Court of Appeals Board on Professional Responsibility. Board Rules

District of Columbia Court of Appeals Board on Professional Responsibility. Board Rules District of Columbia Court of Appeals Board on Professional Responsibility Board Rules Adopted June 23, 1983 Effective July 1, 1983 This edition represents a complete revision of the Board Rules. All previous

More information

COURT OF APPEAL, FOURTH CIRCUIT STATE OF LOUISIANA

COURT OF APPEAL, FOURTH CIRCUIT STATE OF LOUISIANA COURT OF APPEAL, FOURTH CIRCUIT STATE OF LOUISIANA PRO SE MANUAL Introduction This pamphlet is intended primarily to assist non-attorneys with the basic procedural steps which must be followed when filing

More information

Initial Civil Appeals: Texas

Initial Civil Appeals: Texas View the online version at http://us.practicallaw.com/6-573-0745 Initial Civil Appeals: Texas AMY L. RUDD AND LINDSEY B. COHAN, DECHERT LLP, WITH PRACTICAL LAW LITIGATION A Q&A guide to appealing from

More information

SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR HOUSE BILL NO. 2389

SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR HOUSE BILL NO. 2389 SESSION OF 2014 SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR HOUSE BILL NO. 2389 As Recommended by Senate Committee on Judiciary Brief* Senate Sub. for HB 2389 would amend procedures for death penalty appeals

More information

RULES OF PROCEDURE FOR THE ADMINISTRATIVE LAW COURT

RULES OF PROCEDURE FOR THE ADMINISTRATIVE LAW COURT RULES OF PROCEDURE FOR THE ADMINISTRATIVE LAW COURT Effective April 29, 2010 TABLE OF CONTENTS I. GENERAL PROVISIONS... 1 1. Authority and Applicability.... 1 2. Definitions.... 1 A. Administrative Law

More information

IN THE COURT OF APPEALS OF IOWA. No / Filed June 27, Appeal from the Iowa District Court for Cerro Gordo County, James M.

IN THE COURT OF APPEALS OF IOWA. No / Filed June 27, Appeal from the Iowa District Court for Cerro Gordo County, James M. IN THE COURT OF APPEALS OF IOWA No. 7-183 / 05-2023 Filed June 27, 2007 ALEXANDER TECHNOLOGIES EUROPE, LTD., Plaintiff-Appellee, vs. MACDONALD LETTER SERVICE, INC., Substituted Party for Amazing Products

More information

Fifth Circuit Court of Appeal

Fifth Circuit Court of Appeal SUMMARY Please remember that the information contained in this guide is a summary of the methods by which an individual unrepresented by counsel may apply to the Fifth Circuit Court of Appeal for relief

More information

RULE CHANGE 2018(07)

RULE CHANGE 2018(07) RULE CHANGE 2018(07) COLORADO APPELLATE RULES Rule 10. Appendix to Chapter 32, Form 8, Designation of Transcripts Rules 21, 21.1, 49, 50, 51, 51.1, 52, 53, 54, 56 and 57 1 Rule 10. Record on Appeal. Appendix

More information

SUPREME COURT OF GUAM

SUPREME COURT OF GUAM SUPREME COURT OF GUAM GUAM RULES OF APPELLATE PROCEDURES 1 (as of December 23, 2004) 1 Drafted by the Supreme Court Rules Commission September 13, 1993 Approved by P.L. 23-34 (June 6, 1995); Modified and

More information

UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2015 JEANNE ELLIS SAMIRA JONES

UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2015 JEANNE ELLIS SAMIRA JONES UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2238 September Term, 2015 JEANNE ELLIS v. SAMIRA JONES Berger, Beachley, Sharer, J. Frederick (Senior Judge, Specially Assigned), JJ. Opinion

More information

RULES OF APPELLATE PROCEDURE NOTICE

RULES OF APPELLATE PROCEDURE NOTICE RULES OF APPELLATE PROCEDURE NOTICE Notice is hereby given that the following amendments to the Rules of Appellate Procedure were adopted to take effect on January 1, 2019. The amendments were approved

More information

may institute, without paying a filing fee, a proceeding under this chapter to secure relief.

may institute, without paying a filing fee, a proceeding under this chapter to secure relief. Page 1 West's General Laws of Rhode Island Annotated Currentness Title 10. Courts and Civil Procedure--Procedure in Particular Actions Chapter 9.1. Post Conviction Remedy 10-9.1-1. Remedy--To whom available--conditions

More information

Seminole Appellate Court Rules of Appellate Procedure

Seminole Appellate Court Rules of Appellate Procedure Seminole Appellate Court Rules of Appellate Procedure 1 Table of Contents Rule 1. Scope of Rules; Definition; Title... 3 Rule 2. Suspension of Rules... 3 TITLE II. APPEAL FROM A JUDGMENT OR ORDER OF THE

More information

Optional Appeal Procedures Available During the Planning Rule Transition Period

Optional Appeal Procedures Available During the Planning Rule Transition Period Optional Appeal Procedures Available During the Planning Rule Transition Period February 2011 1 Introduction This document sets out the optional administrative appeal and review procedures allowed by Title

More information

Ch. 41 MEDICAL ASSISTANCE APPEAL PROCEDURES 55 CHAPTER 41. MEDICAL ASSISTANCE PROVIDER APPEAL PROCEDURES GENERAL PROVISIONS

Ch. 41 MEDICAL ASSISTANCE APPEAL PROCEDURES 55 CHAPTER 41. MEDICAL ASSISTANCE PROVIDER APPEAL PROCEDURES GENERAL PROVISIONS Ch. 41 MEDICAL ASSISTANCE APPEAL PROCEDURES 55 CHAPTER 41. MEDICAL ASSISTANCE PROVIDER APPEAL PROCEDURES Sec. 41.1. Scope. 41.2. Construction and application. 41.3. Definitions. 41.4. Amendments to regulation.

More information

RULE 1:13. Miscellaneous Rules As To Procedure

RULE 1:13. Miscellaneous Rules As To Procedure RULE 1:13. Miscellaneous Rules As To Procedure 1:13-1. Clerical Mistakes Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight and omission may at

More information

Adopted November 10, 2000, by Chief District Court Judge John W. Smith. See Separate Section on Rules governing Criminal and Juvenile Courts Rule

Adopted November 10, 2000, by Chief District Court Judge John W. Smith. See Separate Section on Rules governing Criminal and Juvenile Courts Rule LOCAL RULES FOR THE DISTRICT COURTS OF THE FIFTH JUDICIAL DISTRICT FAMILY COURT, DOMESTIC, CIVIL AND GENERAL RULES NEW HANOVER AND PENDER COUNTIES, NORTH CAROLINA Adopted November 10, 2000, by Chief District

More information

TITLE VII ESTABLISHMENT OF THE SUPREME COURT OF THE MISSISSIPPI BAND OF CHOCTAW INDIANS

TITLE VII ESTABLISHMENT OF THE SUPREME COURT OF THE MISSISSIPPI BAND OF CHOCTAW INDIANS TITLE VII ESTABLISHMENT OF THE SUPREME COURT OF THE MISSISSIPPI BAND OF CHOCTAW INDIANS 1 7-1-1 Supreme Court... 3 7-1-2 Right To Appeal... 3 7-1-3 Time; Notice Of Appeal; Filing Fee... 3 7-1-4 Parties...

More information

ADMINISTRATIVE RULES FOR CONTESTED CASE HEARINGS MUNICIPAL EMPLOYEES RETIREMENT SYSTEM OF MICHIGAN. Effective June 1, 2016 Amended June 19, 2017

ADMINISTRATIVE RULES FOR CONTESTED CASE HEARINGS MUNICIPAL EMPLOYEES RETIREMENT SYSTEM OF MICHIGAN. Effective June 1, 2016 Amended June 19, 2017 ADMINISTRATIVE RULES FOR CONTESTED CASE HEARINGS MUNICIPAL EMPLOYEES RETIREMENT SYSTEM OF MICHIGAN Effective June 1, 2016 Amended June 19, 2017 TABLE OF CONTENTS Rule 1 Scope... 3 Rule 2 Construction of

More information

PART 6: RESOLVING ISSUES AND PRESERVING RIGHTS

PART 6: RESOLVING ISSUES AND PRESERVING RIGHTS PART 6: RESOLVING ISSUES AND PRESERVING RIGHTS What this Part is about: This Part is designed to resolve issues and questions arising in the course of a Court action. It includes rules describing how applications

More information

CHAPTER 24 APPEALS. This chapter covers some of the basic requirements for appeals, including:

CHAPTER 24 APPEALS. This chapter covers some of the basic requirements for appeals, including: CHAPTER 24 APPEALS This chapter covers some of the basic requirements for appeals, including: Filing and docketing an appeal. Deadlines under the different calendars. Jurisdiction during an appeal. Preserving

More information

Dwayne Roberts appeals an order denying petitions for writ of mandamus in

Dwayne Roberts appeals an order denying petitions for writ of mandamus in IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DWAYNE E. ROBERTS, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D14-4104

More information

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA PIMA COUNTY ORDER AMENDING RULE 8 LOCAL RULES OF PRACTICE PIMA COUNTY SUPERIOR COURT

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA PIMA COUNTY ORDER AMENDING RULE 8 LOCAL RULES OF PRACTICE PIMA COUNTY SUPERIOR COURT FILED IN THE SUPERIOR COURT OF THE STATE OF ARIZONA PIMA COUNTY FEB 2 6 2009 RACHELLE M. RESNICK CLERK SUPREME COURT BY 09-0014 ORDER AMENDING RULE 8 LOCAL RULES OF PRACTICE PIMA COUNTY SUPERIOR COURT

More information

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS IN THE SUPREME COURT OF TEXAS 444444444444 NO. 05-0300 444444444444 IN RE BROOKSHIRE GROCERY COMPANY, RELATOR 4444444444444444444444444444444444444444444444444444 ON PETITION FOR WRIT OF MANDAMUS 4444444444444444444444444444444444444444444444444444

More information

Amended by Order dated June 21, 2013; effective July 1, RULES OF SUPREME COURT OF VIRGINIA PART FIVE THE SUPREME COURT B. ORIGINAL JURISDICTION

Amended by Order dated June 21, 2013; effective July 1, RULES OF SUPREME COURT OF VIRGINIA PART FIVE THE SUPREME COURT B. ORIGINAL JURISDICTION Amended by Order dated June 21, 2013; effective July 1, 2013. RULES OF SUPREME COURT OF VIRGINIA PART FIVE THE SUPREME COURT B. ORIGINAL JURISDICTION Rule 5:7B. Petition for a Writ of Actual Innocence.

More information

Beyond Briefs: Motion Practice in Civil Appeals in The Tenth Circuit

Beyond Briefs: Motion Practice in Civil Appeals in The Tenth Circuit Beyond Briefs: Motion Practice in Civil Appeals in The Tenth Circuit By Marcy G. Glenn, Esq. There is no question that briefing and oral argument are the main events in any appeal. It is also generally

More information

Video Course Evaluation Form. Atty ID number for Pennsylvania: Name of Course You Just Watched

Video Course Evaluation Form. Atty ID number for Pennsylvania: Name of Course You Just Watched Garden State CLE 21 Winthrop Road Lawrenceville, New Jersey 08648 (609) 895-0046 fax- 609-895-1899 Atty2starz@aol.com! Video Course Evaluation Form Attorney Name Atty ID number for Pennsylvania: Name of

More information

LOCAL RULES of the COURT OF COMMON PLEAS OF CLARION COUNTY

LOCAL RULES of the COURT OF COMMON PLEAS OF CLARION COUNTY LOCAL RULES of the COURT OF COMMON PLEAS OF CLARION COUNTY Supplementing the Rules of Civil Procedure Promulgated by the Supreme Court of Pennsylvania Effective July 1, 2005 Hon. James G. Arner President

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION NICOLE SMITH, ) ) Plaintiff, ) ) v. ) No. 4:03-CV-1727 CAS ) PLANNED PARENTHOOD OF THE ) ST. LOUIS REGION, et al., ) ) Defendants.

More information

OFFICE OF THE CLERK B

OFFICE OF THE CLERK B United States Court of Appeals for the Tenth Circuit OFFICE OF THE CLERK Byron White United States Courthouse 1823 Stout Street Denver, Colorado 80257 Elizabeth A. Shumaker (303) 844-3157 Douglas E. Cressler

More information

Be sure to look up definitions present at the beginning for both sections. RULES OF PROCEDURE IN TRAFFIC CASES AND BOATING CASES

Be sure to look up definitions present at the beginning for both sections. RULES OF PROCEDURE IN TRAFFIC CASES AND BOATING CASES http://government.westlaw.com/linkedslice/default.asp?sp=azr-1000 RULES OF PROCEDURE IN TRAFFIC CASES AND BOATING CASES RULES OF PROCEDURE IN CIVIL TRAFFIC AND CIVIL BOATING VIOLATION CASES These are the

More information

A GUIDE TO PRACTICE BEFORE THE SUPREME COURT OF TEXAS

A GUIDE TO PRACTICE BEFORE THE SUPREME COURT OF TEXAS A GUIDE TO PRACTICE BEFORE THE SUPREME COURT OF TEXAS BY THE STATE BAR OF TEXAS APPELLATE SECTION PRO BONO COMMITTEE OCTOBER 2007 EXHIBIT F TABLE OF CONTENTS Page I. INTRODUCTION... 1 II. DOCUMENTS IN

More information

STREAMLINED JAMS STREAMLINED ARBITRATION RULES & PROCEDURES

STREAMLINED JAMS STREAMLINED ARBITRATION RULES & PROCEDURES JAMS STREAMLINED ARBITRATION RULES & PROCEDURES Effective JULY 15, 2009 STREAMLINED JAMS STREAMLINED ARBITRATION RULES & PROCEDURES JAMS provides arbitration and mediation services from Resolution Centers

More information

NGFA Arbitration Rules

NGFA Arbitration Rules Adopted Oct. 03, 1901 Amended Jan. 01, 1906 Amended Oct. 17, 1908 Amended Oct. 12, 1910 Amended Oct. 16, 1913 Amended Sept. 27, 1916 Amended Sept. 25, 1918 Amended Oct. 15, 1919 Amended Oct. 13, 1920 Amended

More information

THE NUTS AND BOLTS OF A NORTH CAROLINA APPEAL: A walkthrough of the appeals process and common mistakes by counsel

THE NUTS AND BOLTS OF A NORTH CAROLINA APPEAL: A walkthrough of the appeals process and common mistakes by counsel THE NUTS AND BOLTS OF A NORTH CAROLINA APPEAL: A walkthrough of the appeals process and common mistakes by counsel Judge Richard Dietz North Carolina Court of Appeals CLE Agenda Is This Order Appealable?...

More information

IN THE COURT OF APPEALS OF IOWA. No / Filed September 8, Appeal from the Iowa District Court for Warren County, Kevin A.

IN THE COURT OF APPEALS OF IOWA. No / Filed September 8, Appeal from the Iowa District Court for Warren County, Kevin A. IN THE COURT OF APPEALS OF IOWA No. 1-628 / 10-1647 Filed September 8, 2011 STATE OF IOWA, Plaintiff-Appellee, vs. ARMANDO GARCIA, JR., Defendant-Appellant. Appeal from the Iowa District Court for Warren

More information

IN THE COMMON PLEAS COURT, PREBLE COUNTY, OHIO ENTRY

IN THE COMMON PLEAS COURT, PREBLE COUNTY, OHIO ENTRY IN THE COMMON PLEAS COURT, PREBLE COUNTY, OHIO IN THE MATTER OF THE CIVIL AND CRIMINAL LOCAL RULES: ENTRY The following local rules are adopted to govern the practice and procedures of this Court, subject

More information

MONTANA FIFTH JUDICIAL DISTRICT LOCAL COURT RULES

MONTANA FIFTH JUDICIAL DISTRICT LOCAL COURT RULES MONTANA FIFTH JUDICIAL DISTRICT LOCAL COURT RULES Rule 1 -- Law and Motion. 1.1 The typical schedule is: (1) Monday: Madison County; (2) Tuesday and Thursday: Beaverhead County; and (3) Wednesday and the

More information

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE Submitted on Briefs June 3, 2003 Session

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE Submitted on Briefs June 3, 2003 Session IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE Submitted on Briefs June 3, 2003 Session MICHAEL G. BINKLEY, et al. v. RODNEY TREVOR MEDLING, et al. Appeal by permission from the Court of Appeals, Middle

More information

1. CIVIL RULES GENERAL PROVISIONS ADMINISTRATION OF CIVIL LITIGATION MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES

1. CIVIL RULES GENERAL PROVISIONS ADMINISTRATION OF CIVIL LITIGATION MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES 1. CIVIL RULES GENERAL PROVISIONS 1.1 CITATION These civil rules should be cited as "Marin County Rule, Civil" or "MCR Civ" followed by the rule number (e.g., Marin County Rule, Civil 1.1 or MCR Civ 1.1).

More information

ARBITRATION RULES. Arbitration Rules Archive. 1. Agreement of Parties

ARBITRATION RULES. Arbitration Rules Archive. 1. Agreement of Parties ARBITRATION RULES 1. Agreement of Parties The parties shall be deemed to have made these rules a part of their arbitration agreement whenever they have provided for arbitration by ADR Services, Inc. (hereinafter

More information

The following terms have the meanings shown as used in these rules:

The following terms have the meanings shown as used in these rules: RULE 9.020. DEFINITIONS The following terms have the meanings shown as used in these rules: (a) Administrative Action. Administrative action shall include: (1) final agency action as defined in the Administrative

More information

TITLE XIV TRIALS (6/30/03) 84. The amendment is effective as of June 30, 2003.

TITLE XIV TRIALS (6/30/03) 84. The amendment is effective as of June 30, 2003. RULE 40. TITLE XIV TRIALS PLACE OF TRIAL (a) Designation of Place of Trial: The petitioner, at the time of filing the petition, shall file a designation of place of trial showing the place at which the

More information

ALABAMA COURT OF CIVIL APPEALS

ALABAMA COURT OF CIVIL APPEALS REL: 09/18/2015 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate

More information

FREQUENTLY ASKED QUESTIONS REGARDING FILING APPEALS IN THE COURT OF APPEALS OF GEORGIA

FREQUENTLY ASKED QUESTIONS REGARDING FILING APPEALS IN THE COURT OF APPEALS OF GEORGIA FREQUENTLY ASKED QUESTIONS REGARDING FILING APPEALS IN THE COURT OF APPEALS OF GEORGIA NOTE: (1) This information is intended for pro-se parties. There are significant filing differences between attorneys

More information

CHAPTER 11. APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT

CHAPTER 11. APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT APPEALS FROM COURTS 210 Rule 1101 CHAPTER 11. APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT Rule 1101. Appeals As of Right From the Commonwealth

More information

(1) the defendant waives the presence of the law enforcement officer in open court on the record;

(1) the defendant waives the presence of the law enforcement officer in open court on the record; RULE 462. TRIAL DE NOVO. (A) When a defendant appeals after conviction by an issuing authority in any summary proceeding, upon the filing of the transcript and other papers by the issuing authority, the

More information

4.5 No Notice of Judgment or Order of Appellate Court; Effect on Time to File Certain Documents * * * * * *

4.5 No Notice of Judgment or Order of Appellate Court; Effect on Time to File Certain Documents * * * * * * Rule 4. Time and Notice Provisions 4.5 No Notice of Judgment or Order of Appellate Court; Effect on Time to File Certain Documents Additional Time to File Documents. A party may move for additional time

More information

FLAG PRIMER ON THE WRIT OF AMPARO

FLAG PRIMER ON THE WRIT OF AMPARO 1. Origin of the remedy: FLAG PRIMER ON THE WRIT OF AMPARO The writ of amparo (which means protection ) is of Mexican origin. Its present form is found in Articles 103 and 107 of the Mexican Constitution.

More information

SEMINOLE TRIBE OF FLORIDA

SEMINOLE TRIBE OF FLORIDA SEMINOLE TRIBE OF FLORIDA Tribal Court Small Claims Rules of Procedure Table of Contents RULE 7.010. TITLE AND SCOPE... 3 RULE 7.020. APPLICABILITY OF RULES OF CIVIL PROCEDURE... 3 RULE 7.040. CLERICAL

More information

A GUIDE TO ILLINOIS CIVIL APPELLATE PROCEDURE

A GUIDE TO ILLINOIS CIVIL APPELLATE PROCEDURE A GUIDE TO ILLINOIS CIVIL APPELLATE PROCEDURE Copyright 2016, 2015, 2014, 2013, 2012, 2011, 1999 By Appellate Lawyers Association All rights reserved. All Rights Reserved Authorization to reprint items

More information

RULE CHANGE 2017(10) COLORADO APPELLATE RULES

RULE CHANGE 2017(10) COLORADO APPELLATE RULES RULE CHANGE 2017(10) COLORADO APPELLATE RULES Rules 10 and 11 Form 8, Designation of Transcripts (New) Form 9, Motion to Supplement the Record (New) Effective for appeals filed on or after January 1, 2018.

More information

INDIVIDUAL PRACTICES OF JUDGE DEBORAH A. BATTS

INDIVIDUAL PRACTICES OF JUDGE DEBORAH A. BATTS INDIVIDUAL PRACTICES OF JUDGE DEBORAH A. BATTS Nothing in my Individual Practices supersedes a specific time period for filing a motion specified by statute or Federal Rule including but not limited to

More information

court of appeal rules

court of appeal rules court of appeal rules TABLE OF CONTENTS Court of Appeal 1 Title PART I Title and Interpretation 2 Interpretation Part II Purpose and Application of the Rules 3 Purpose of rules 4 Application of the rules

More information

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT LAW DIVISION JUDGE RAYMOND W. MITCHELL STANDING ORDER.

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT LAW DIVISION JUDGE RAYMOND W. MITCHELL STANDING ORDER. IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT LAW DIVISION JUDGE RAYMOND W. MITCHELL STANDING ORDER March 29, 2012 This Standing Order supercedes all prior Standing Orders regarding pending

More information