Rule 12A - Statement of the Case; Single Justice Conferences; Hearing Panels(1)Statement of the Case. Within twenty (20) days after the docketing of the record of an appeal with the Clerk of the Supreme Court or the receipt by the Clerk of the Supreme Court of the record in a case in which a petition for writ of certiorari has been granted, the appellant, petitioner, or other moving party shall file a statement of the case and a summary of the issues proposed to be argued in accordance with Rule 18. The statement shall include a copy of the judgment, order, or other ruling which is the subject of the appeal or certiorari petition and the bench decision or written decision of the trial justice or other tribunal deciding the matter. The statement shall be concise, not exceeding 3,000 words (unless special permission is granted by the Court or a justice thereof for additional words or pages). Handwritten statements or statements produced on a typewriter, when allowed, shall not exceed ten (10) pages. The Clerk shall reject any statement which fails to include copies of the required rulings and decision in accordance with the rejection process set forth in Rule 18(f).
The party may take out any nonelectronic transcripts and exhibits from the Clerk's Office in accordance with Rule 29 for reference in the preparation of the statement but shall return them when the statement is filed.
(2)Counter-statement. Within fifteen (15) days after the filing of the above statement, the responding party shall file a counter-statement in accordance with Rule 18 not to exceed 3,000 words (unless special permission is granted by the Court or a justice thereof for additional words or pages). Handwritten statements or statements produced on a typewriter, when allowed, shall not exceed ten (10) pages. Nonelectronic transcripts and exhibits may be taken out for reference in preparing this counter-statement in accordance with Rule 29 but shall be returned upon its filing.
(3)Single Justice Conferences and Orders. Following the filing of such statements, the Supreme Court may require appearance by the attorneys for the parties before a single justice of the Supreme Court for a conference. The objective of said conference will be to achieve settlement of the dispute in civil cases, to determine the issues on appeal/certiorari, to determine the manner in which the appeal, cross-appeal, certiorari petition, or petition for review shall proceed, and to consider whether proceedings over aspects of the case not involved in the appeal, cross-appeal, certiorari petition, or petition for review are contemplated or pending below while the matter is pending in the Supreme Court. In civil matters, attorneys for each party shall confer in advance of the conference with the attorney's client and obtain authority to settle the matter, if possible. In the event that the single justice of the Supreme Court determines it appropriate, the justice may:(a) Issue an order in accordance with subdivisions 4 and 6 of this rule to either or both parties to show cause why the issues raised by the appeal or petition for certiorari should not be decided on the show cause calendar;(b) Refer the appeal or certiorari petition to the Supreme Court at a session in conference for a determination of the manner in which the appeal or certiorari petition shall proceed or for a disposition of the issues on appeal or certiorari with or without further filing of memoranda and with or without oral argument;(c) Order that the case be placed on the regular calendar for full briefing and oral argument; or(d) The single justice may also order that specific appeals or certiorari petitions be consolidated or that the case be remanded for specific proceedings or the entry of necessary orders in the trial court or other tribunal.(4)Show Cause Supplemental Statements. In cases in which show cause orders are issued, the attorney for either party may submit a supplemental statement not exceeding 3,000 words unless otherwise ordered. The appellant, petitioner, or other moving party may submit this statement within twenty (20) days of the issuance of the show cause order; the responding party may file a counter-statement within ten (10) days thereafter, or within ten (10) days from when the appellant, petitioner, or other moving party's supplemental statement was due should the appellant, petitioner, or other moving party not submit a supplemental statement. Handwritten statements or statements produced on a typewriter, when allowed, shall not exceed ten (10) pages. The single justice may vary the time of filing as well as the length of memorandum by special order. No party may submit a further supplemental statement or post-argument memorandum, or other communication of any kind, without the prior approval or direction of the Supreme Court or a justice thereof upon motion in accordance with Rule 28.(5)Form and Manner. All papers filed pursuant to this Rule shall be submitted in the form and manner set forth in Rule 18.(6)Show Cause Arguments, Orders, and Decisions. The show cause argument shall be conducted before a hearing panel of the Supreme Court consisting of at least three (3) justices, except for appeals in criminal cases which shall be heard by the full Court or by as many members of the Court as are available. The Supreme Court or hearing panel may issue an order or opinion dismissing the appeal or certiorari petition, reversing or modifying the judgment, or remanding the case to the appropriate trial court or other tribunal for further proceedings. The Supreme Court or panel may if it sees fit determine that the case should be placed on the regular calendar for full briefing and argument.(7)Cases Referred to the Full Court. Cases referred to the Supreme Court for a determination of the manner in which the appeal or certiorari petition shall proceed or for disposition with or without briefing or oral argument may be: (a) Ordered to be placed on the regular calendar for full briefing and argument;(b) Decided by the Court on the merits of the controversy without further briefing or oral argument; or(c) Ordered to be placed on the motion calendar with such further filing of supplemental memoranda as the Court may require for oral argument before a hearing panel of the Court consisting of at least three (3) justices, except for appeals in criminal cases and proceedings pursuant to Rule 6 which shall be heard by the full Court or as many members of the Court as are available.Amended effective 6/19/2020; Revised 10/1/2023.