Print Version
Previous PageFile uploaded: 4/13/2020

Rule 31. Expedited appealsdecided after oral argument without written opinion.

(a) Motion andstipulation for expedited hearing. After the filing of all briefs in anappeal, a party may move for an expedited decision without a written opinion.The motion shall be in the form prescribed by Rule 23 and shalldescribe the nature of the case, the issues presented and any special reasonsthe parties may have for an expedited decision. The court may dispose of anyqualified case under this rule upon its own motion before or after oralargument.

(b) Cases whichqualify for expedited decision. The following are matters which the courtmay consider for expedited decision without opinion:

(1) appeals involving uncomplicatedfactual issues based primarily on documents;

(2) summary judgments;

(3) dismissals for failure to statea claim;

(4) dismissals for lack of personalor subject matter jurisdiction; and

(5) judgments or orders based onuncomplicated issues of law.

(c) In all motions brought under this rule, the substantiverules of law should be deemed settled, although the parties may differ as totheir application.

(d) Appealsineligible for expedited decision. The court will not grant a motion for anexpedited appeal in cases raising substantial constitutional issues, issues ofsignificant public interest, issues of law of first impression, or complicatedissues of fact or law.

(e) Procedure ifexpedited motion is granted. If a motion for expedited decision is granted,the appeal will be given an expedited setting for oral argument within 45 to 60days from the date of the order granting the motion. Within two days aftersubmission of the appeal, the court will conference, decide the case, and issuea written order which need not be accompanied by an opinion. Entry of the orderby the clerk in the records of the court, shall constitute the entry of thejudgment of the court.

(f) Effect asprecedent. Appeals decided under this rule will not stand as precedent,but, in other respects, will have the same force and effect as other decisionsof the court.

(g) Issuance ofwritten opinion. If it appears to the court after the case has beensubmitted for decision that a written opinion should be issued, the timelimitation in paragraph (e) shall not apply and the parties will be sonotified.

AdvisoryCommittee Note