RULE 13.5
DISCRETIONARY REVIEW OF INTERLOCUTORY DECISION
(a) How To Seek Review. A party seeking review by the Supreme Court of
an interlocutory decision of the Court of Appeals must file a motion for
discretionary review in the Supreme Court and a copy in the Court of
Appeals within 30 days after the decision is filed.
(b) Considerations Governing Acceptance of Review. Discretionary review
of an interlocutory decision of the Court of Appeals will be accepted by
the Supreme Court only:
(1) If the Court of Appeals has committed an obvious error which would
render further proceedings useless; or
(2) If the Court of Appeals has committed probable error and the
decision of the Court of Appeals substantially alters the status quo or
substantially limits the freedom of a party to act; or
(3) If the Court of Appeals has so far departed from the accepted and
usual course of judicial proceedings, or so far sanctioned such a departure
by a trial court or administrative agency, as to call for the exercise of
revisory jurisdiction by the Supreme Court.
(c) Motion Procedure. The procedure for and the form of the motion for
discretionary review is as provided in Title 17. A motion for discretionary
review under this rule, and any response, should not exceed 20 pages double
spaced, excluding appendices.
(d) Effect of Denial. Denial of discretionary review of a decision does
not affect the right of a party to obtain later review of the Court of
Appeals decision or the issues pertaining to that decision.
References
Form 3, Motion for Discretionary Review.
Click here to view in a PDF.
|
| Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library |
| Back to Top | Privacy and Disclaimer Notices |