Opinion
ADM09-8006
05-30-2019
ORDER PROMULGATING AMENDMENTS TO THE RULES OF CIVIL APPELLATE PROCEDURE
The Advisory Committee for the Rules of Civil Appellate Procedure met in 2018 to consider suggested changes to the rules for consistency in practice and to clarify procedures. In a report filed on October 1, 2018, the committee recommended several amendments to the rules. We opened a public comment period, which drew two written comments. The advisory committee considered the input provided in the written comments, and in a report filed on April 1, 2019, recommended additional amendments to the Rules of Civil Appellate Procedure.
The committee also recommended amendments to the rules to adopt changes in the rules that establish or calculate deadlines, as recommended by the Advisory Committee for the Rules of Civil Procedure. These proposed amendments, limited to changes to time deadlines in the rules, will be addressed in a separate order. --------
We have reviewed the proposed amendments and the committee's explanations of those amendments. We agree with the committee that the recommended amendments will clarify the procedures for appeals governed by these rules. In addition, we have made a clarifying amendment to Rule 134.02, which governs notices of hearings in the appellate courts and requests to postpone scheduled hearings. Currently, in addition to the procedures set out in Rule 134 of the Rules of Civil Appellate Procedure, the appellate courts have provided further direction in the Case Dispositional Procedures for the supreme court and in the Special Rules of Practice for the court of appeals. For consistency, the requirements to provide notice of conflicts with potential argument dates, to update those notices as soon as the information is reasonably available, and to identify the specific circumstances supporting a request to postpone a scheduled argument are now reflected in Rule 134.02.
Based on all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. The attached amendments to the Rules of Civil Appellate Procedure are prescribed and promulgated to be effective as of September 1, 2019, and shall apply to all appeals filed on or after the effective date.
2. The Advisory Committee comments are included for convenience and do not reflect court approval of the statements made therein.
Dated: May 30, 2019
BY THE COURT
/s/
G. Barry Anderson
Associate Justice
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