RULE 4.3
DIRECT REVIEW OF DECISIONS OF COURTS OF LIMITED JURISDICTION
(a) Prerequisites for Direct Review of Decisions of Courts of Limited
Jurisdiction. A party may seek direct review in the Supreme Court of a
decision of a court of limited jurisdiction if:
(1) The decision is a final decision appealable under RALJ 2.2, and
(2) The trial court enters a written statement setting forth its reasons
for concluding that:
(a) The case involves a fundamental and urgent issue of
statewide importance which requires a prompt and precedential determination;
(b) Delay in obtaining such a determination would cause
significant detriment to any party or to the public interest; and
(c) The record of the proceedings in the court of limited
jurisdiction adequately presents the issue.
(b) Service and Filing of Statement of Grounds for Direct Review. A
party seeking direct review of a decision of a court of limited
jurisdiction in the Supreme Court must within 15 days after filing the
notice of appeal serve on all other parties and file in the Supreme Court
a statement of grounds for direct review in the form provided in section (c).
(c) Form of Statement of Grounds for Direct Review. The statement
should be captioned "Statement of Grounds for Direct Review," contain the
title of the case as provided in rule 3.4, conform to the formatting
requirements of rule 10.4(a), and contain under appropriate headings and
in the order here indicated:
(1) Nature of Case and Decision. A short statement of the
substance of the case below and the basis for the trial court decision;
(2) Issues Presented for Review. A statement of each issue the
party intends to present for review; and
(3) Grounds for Direct Review. The grounds upon which the party
contends direct review should be granted.
(4) Appendix. A copy of the trial court's written statement
under Rule 4.3(a)(2).
The statement of grounds for direct review should not exceed 15
pages, exclusive of appendices and the title sheet.
(d) Answer to Statement of Grounds for Direct Review. A respondent
may file an answer to the statement of grounds for direct review. The
answer should be filed within 14 days after service of the statement on
respondent. The answer should conform to the formatting requirements of
rule 10.4(a). The answer should not exceed 15 pages, exclusive of
appendices and the title sheet.
(e) Procedure. Upon receipt of the statement of grounds for direct
review and answer, the Supreme Court will set the matter for preliminary
consideration on the motion calendar of a commissioner or clerk. The
commissioner or clerk may accept review or transfer the case to the Court
of Appeals or to the Superior Court. Any transfer will be without
prejudice and without costs. Title 17 relating to motions governs oral
argument, decisions by ruling, and the means of objecting to the ruling
of the commissioner or clerk.
[Amended effective September 1, 2010]
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