Rule 18A - Sanctions for failure to file statements of the case, counter-statements and briefs in accordance with Rules 12A and 16In implementation of Rules 12A and 16 of these rules, the following authority is hereby conferred upon the Clerk of the Supreme Court.
(1)Failure to File a Statement of the Case. In the event that an appellant should fail to file a statement of the case within the time limit set forth in Rule 12A or in any order entered pursuant to a single justice conference or by the Supreme Court setting a different time, the Clerk of the Supreme Court shall enter a conditional order of dismissal of the appeal subject to reinstatement if the statement of the case is filed within ten (10) days after the entry of the order.(2)Failure to File a Counter-statement. In the event that an appellee shall fail to file a counter-statement within the time limit set forth in Rule 12A or in any order entered pursuant to a single justice conference or by the Supreme Court setting a different time, following the filing of appellant's statement of the case, the Clerk of the Supreme Court shall enter a conditional order of default subject to reinstatement if the counter-statement is filed within ten (10) days of the date of the order. A defaulted appellee may be barred from filing any further statements, memoranda, or briefs in support of appellee's position and may be barred from oral argument in support of that position.(3)Failure of an Appellant to File a Brief. In the event that an appellant fails to file a brief in support of the appeal within the time limit set forth in Rule 16 or any order entered pursuant to a single justice conference or other order entered by the Supreme Court setting a different time, the Clerk of the Supreme Court shall enter an order of conditional dismissal of the appeal, subject to reinstatement if the brief is filed within ten (10) days of the date of the conditional dismissal.(4)Failure of an Appellee to File a Brief. In the event that an appellee fails to file a brief in support of the appellee's position within the time limit set forth in Rule 16 after filing of appellant's brief or such additional time as may be authorized by court order, the Clerk of the Supreme Court shall enter an order of conditional default subject to reinstatement of the appellee's right to proceed if the brief is filed within ten (10) days of the date of the order. The order of default will have the effect of barring the appellee from filing any brief in support of appellee's position or from arguing orally to the Supreme Court in opposition to the appellant's argument. In addition to the foregoing actions which may be taken by the Clerk of the Supreme Court, the Supreme Court may impose sanctions upon attorneys for failure to meet their filing obligations in respect to appellate matters pending before this Court. Such sanctions may include monetary penalties to be paid to the opposing parties or to the Supreme Court, or both.
Amended effective 6/19/2020; Revised 10/1/2023.