RULE 18.8
WAIVER OF RULES AND EXTENSION AND REDUCTION
OF TIME
(a) Generally. The appellate court may, on its own initiative or on
motion of a party, waive or alter the provisions of any of these rules and
enlarge or shorten the time within which an act must be done in a
particular case in order to serve the ends of justice, subject to the
restrictions in sections (b) and (c).
(b) Restriction on Extension of Time. The appellate court will only in
extraordinary circumstances and to prevent a gross miscarriage of justice
extend the time within which a party must file a notice of appeal, a notice
for discretionary review, a motion for discretionary review of a decision
of the Court of Appeals, a petition for review, or a motion for
reconsideration. The appellate court will ordinarily hold that the
desirability of finality of decisions outweighs the privilege of a litigant
to obtain an extension of time under this section. The motion to extend
time is determined by the appellate court to which the untimely notice,
motion or petition is directed.
(c) Restriction on Changing Decision. The appellate court will not
enlarge the time provided in rule 12.7 within which the appellate court may
change or modify its decision.
(d) Terms. The remedy for violation of these rules is set forth in rule
18.9. The court may condition the exercise of its authority under this rule
by imposing terms or awarding compensatory damages, or both, as provided in
rule 18.9.
Click here to view in a PDF.
|
| Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library |
| Back to Top | Privacy and Disclaimer Notices |