Posted: June 28, 2023
Rules of Appellate Procedure – Comment Period Closed August 12, 2023
URAP005. Discretionary appeals from interlocutory orders. The Committee proposes amending Rule 5 to: (1) Make the process for preparing the record consistent with those in other types of appeals; and (2) remove the language requiring the ordering of transcripts be expedited (if parties require an expedited appeal they may file a 23C motion for emergency relief).
URAP050. Response; reply. The Committee proposes amending Rule 50 to: (1) add language which will allow a party to respond to a petition for writ of certiorari only when the Court requests one, as is the current practice for responses to petitions for interlocutory appeal (Rule 5(f)) and for rehearing (Rule 35(a)(4)); (2) remove language about the timing for a response when the filing fee is paid after the petition is served because responses will no longer be permitted unless requested by the Court (additionally, Rule 48(a) addresses the filing fee requirement); and (3) clean up language for clarity and consistency.
Rule 5 – Seem’s pretty uncontroversial and simple. Probably a smart move.
Rule 50 – I strongly support this proposal, especially from the criminal side of appeals. I think the response practice in interlocutory appeals is a good model and works quite well. I fully support this change.