Rule10. Procedures for summary disposition or simplified appeal process.
(a)Time for filing; grounds for motion forsummary disposition.
(a)(1) A party may move at any time to dismiss theappeal or the petition for review on the basis that the appellate court lacksjurisdiction. Any response to such motion must be filed within 14 days from thedate of service.
(a)(2) After a docketing statement has been filed, thecourt, on its own motion, and on such notice as it directs, may dismiss anappeal or petition for review if the court lacks jurisdiction; or may summarilyaffirm the judgment or order that is the subject of review, if it plainlyappears that no substantial question is presented; or may summarily reverse incases of manifest error.
(a)(3) The time for taking other steps in the appellateprocess is suspended pending disposition of a motion for summary affirmance, reversal,or dismissal.
(a)(4) As to any issue raised by a motion for summarydisposition, the court may defer its ruling until plenary presentation andconsideration of the case.
(b)Simplified appeal process; eligibleappeals.
(b)(1) For appeals involving the application ofwell-settled law to a set of facts, the court may designate an appeal for asimplified appeal process. An appellant in a case pending before the Court of Appealsmay move for a simplified appeal process under this subsection within 10 daysafter the docketing statement is filed or the case is transferred to the courtof appeals, whichever is later.
(b)(2) Appeals eligible for a simplified process arethose involving the application of well-settled law to a set of facts, whichmay include, but are not limited to, cases in the following categories:
(b)(2)(A) appeals challenging only the sentence in acriminal case;
(b)(2)(B) appeals from the revocation of probation orparole;
(b)(2)(C) appeals from a judgment in an unlawfuldetainer action; and
(b)(2)(D) petitions for review of a decision of theDepartment of Workforce Services Workforce Appeals Board or the LaborCommission.
?(c) Memoranda in lieu of briefs.
(c)(1) In appeals designated under subsection (b), theparties must file memoranda in support of their positions instead of briefs.The schedule for preparing memoranda will be set by appellate court order.
(c)(2) A party?s principal memorandum must include:
(c)(2)(A) an introduction describing the nature andcontext of the dispute, including the disposition in the court or agency whosejudgment or order is under review;
(c)(2)(B) a statement of the issues for review,including a citation to the record showing that the issue was preserved forreview or a statement of grounds for seeking review of an issue not preserved;
(c)(2)(C) an argument, explaining with reasonedanalysis supported by citations to legal authority and the record, why theparty should prevail on appeal; no separate statement of facts is required, butfacts asserted in the argument must be supported by citations to the record;
(c)(2)(D) a claim for attorney fees, if any, includingthe legal basis for an award; and
(c)(2)(E) a certificate of compliance, certifying thatthe memorandum complies with rule 21 regarding public and private documents.
(c)(3) An appellant or petitioner may file a replymemorandum limited to responding to the facts and arguments raised inappellee?s or respondent?s principal memorandum. The reply memorandum mustinclude an argument and a certificate of compliance with rule 21 regarding publicand private documents.
(c)(4) Principal memoranda must be no more than 7,000words or 20 pages if a word count is not provided. A reply memorandum must beno more than 3,500 words or 10 pages if a word count is not provided.
(d)Extension of time. By stipulation filed with the courtbefore the date a memorandum is due to be filed, the parties may extend thetime for filing by no more than 21 days. Any additional motions for anextension of time will be governed by rule 22(b).
EffectiveFebruary 19, 2020