As amended through November 19, 2024
Rule 56.1 - Orders on Petition for Review(a)Considerationsin Granting Review. Whether to grant review is a matter of judicial discretion. Among the factors the Supreme Court considers in deciding whether to grant a petition for review are the following: (1) whether the justices of the court of appeals disagree on an important point of law;(2) whether there is a conflict between the courts of appeals on an important point of law;(3) whether a case involves the construction or validity of a statute;(4) whether a case involves constitutional issues;(5) whether the court of appeals appears to have committed an error of law of such importance to the state's jurisprudence that it should be corrected; and(6) whether the court of appeals has decided an important question of state law that should be, but has not been, resolved by the Supreme Court.(b)Petition Denied or Dismissed. When the petition has been on file in the Supreme Court for 30 days, the Court may deny or dismiss the petition - whether or not a response has been filed - with one of the following notations: (1) "Denied." If the Supreme Court is not satisfied that the opinion of the court of appeals has correctly declared the law in all respects, but determines that the petition presents no error that requires reversal or that is of such importance to the jurisprudence of the state as to require correction, the Court will deny the petition with the notation "Denied."(2) "Dismissed w.o.j." If the Supreme Court lacks jurisdiction, the Court will dismiss the petition with the notation "Dismissed for Want of Jurisdiction."(c)Petition Refused. If the Supreme Court determines - after a response has been filed or requested - that the court of appeals' judgment is correct and that the legal principles announced in the opinion are likewise correct, the Court will refuse the petition with the notation "Refused." The court of appeals' opinion in the case has the same precedential value as an opinion of the Supreme Court.(d)Improvident Grant. If the Court has granted review but later decides that review should not have been granted, the Court may, without opinion, set aside the order granting review and dismiss the petition or deny or refuse review as though review had never been granted.