20-3018. Transfer of certain cases docketed in supreme court to court of appeals; transfer of cases docketed in wrong court; effect; motion for rehearing by court of appeals; petition for review of ca
20-3018
20-3018. Transfer of certain cases docketed in supreme court to courtof appeals; transfer of cases docketed in wrong court; effect; motion forrehearing by court of appeals; petition for review of case by supremecourt; rules of supreme court; authority of supreme court in granting ordenying review; power of supreme court to order transfer of case from courtof appeals to supreme court.(a) Any case within the jurisdiction of the court of appeals which iserroneously docketed in the supreme court shall be transferred by thesupreme court to the court of appeals. Any case within the jurisdiction ofthe court of appeals and in which notice of appeal to the supreme court wasfiled prior to January 10, 1977, may be transferred to the court of appealsby the supreme court. No case docketed either in the supreme court or thecourt of appeals shall be dismissed solely for the reason of having beenfiled in the wrong court, but shall be transferred by the supreme court tothe court which the supreme court determines to have jurisdiction. Any suchcase shall be considered timely and properly filed in the court to which itis transferred.
(b) Any party aggrieved by a decision of the court of appeals may file amotion with such court for a rehearing, in accordance with rules of thesupreme court, but such motion shall not be a condition precedent to areview of such decision by the supreme court, and any such party maypetition the supreme court for review within thirty (30) days after thedate of such decision. The procedures governing petitions for review shallbe prescribed by rules of the supreme court, and the review of any suchdecision shall be at the discretion of the supreme court. While neithercontrolling nor fully measuring the court's discretion, the following shallbe considered in determining whether review will be granted: (1) Thegeneral importance of the question presented; (2) the existence of aconflict between the decision sought to be reviewed and a prior decision ofthe supreme court, or of another panel of the court of appeals; (3) theneed for exercising the supreme court's supervisory authority; and (4) thefinal or interlocutory character of the judgment, order or ruling sought tobe reviewed.
(c) At any time on its own motion, the supreme court may order the courtof appeals to transfer any case before the court of appeals to the supremecourt for review and final determination.
History: L. 1975, ch. 178, § 18; July 1.