The full names of all the parties to the proceedings shall be stated in the caption of the record on appeal and it shall include the judgment or final order from which the appeal is taken and, in chronological order, copies of only such pleadings, petitions, motions and all interlocutory orders as are related to the appealed judgment or final order for the proper understanding of the issue involved, together with such data as will show that the appeal was perfected on time.
If an issue of fact is to be raised on appeal, the record on appeal shall include by reference all the evidence, testimonial and documentary, taken upon the issue involved. The reference shall specify the documentary evidence by the exhibit numbers or letters by which it was identified when admitted or offered at the hearing, and the testimonial evidence by the names of the corresponding witnesses.
If the whole testimonial and documentary evidence in the case is to be included, a statement to that effect will be sufficient without mentioning the names of the witnesses or the numbers or letters of exhibits.
Every record on appeal exceeding twenty 20 pages must contain a subject index. Upon the filing of the record on appeal for approval and if no objection is filed by the appellee within five 5 days from receipt of a copy thereof, the trial court may approve it as presented or upon its own motion or at the instance of the appellee, may direct its amendment by the inclusion of any omitted matters which are deemed essential to the determination of the issue of law or fact involved in the appeal.
If the trial court orders the amendment of the record, the appellant, within the time limited in the order, or such extension thereof as may be granted, or if no time is fixed by the order within ten 10 days from receipt thereof, shall redraft the record by including therein, in their proper chronological sequence, such additional matters as the court may have directed him to incorporate, and shall thereupon submit the redrafted record for approval, upon notice to the appellee, in like manner as the original draft.
Where both parties are appellants, they may file a joint record on appeal within the time fixed by section 3 of this Rule, or that fixed by the court.
Within thirty 30 days after perfection of all the appeals in accordance with the preceding section, it shall be the duty of the clerk of court of the lower court: chanroblesvirtuallawlibrary a To verify the correctness of the original record or the record on appeal, as the case may be, and to make a certification of its correctness; b To verify the completeness of the records that will be transmitted to the appellate court; c If found to be incomplete, to take such measures as may be required to complete the records, availing of the authority that he or the court may exercise for this purpose; and d To transmit the records to the appellate court.
Upon the perfection of the appeal, the clerk shall immediately direct the stenographers concerned to attach to the record of the case five 5 copies of the transcripts of the testimonial evidence referred to in the record on appeal. The stenographers concerned shall transcribe such testimonial evidence and shall prepare and affix to their transcripts an index containing the names of the witnesses and the pages wherein their testimonies are found, and a list of the exhibits and the pages wherein each of them appears to have been offered and admitted or rejected by the trial court.
The transcripts shall be transmitted to the clerk of the trial court who shall thereupon arrange the same in the order in which the witnesses testified at the trial, and shall cause the pages to be numbered consecutively.
The clerk of the trial court shall transmit to the appellate court the original record or the approved record on appeal within thirty 30 days from the perfection of the appeal, together with the proof of payment of the appellate court docket and other lawful fees, a certified true copy of the minutes of the proceedings, the order of approval, the certificate of correctness, the original documentary evidence referred to therein, and the original and three 3 copies of the transcripts. Copies of the transcripts and certified true copies of the documentary evidence shall remain in the lower court for the examination of the parties.
Prior to the transmittal of the original record or the record on appeal to the appellate court, the trial court may motu proprio or on motion dismiss the appeal for having been taken out of time. A party desiring to appeal from a decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction may file a verified petition for review with the Court of Appeals, paying at the same time to the clerk of said court the corresponding docket and other lawful fees, depositing the amount of P Upon proper motion and the payment of the full amount of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period, the Court of Appeals may grant an additional period of fifteen 15 days only within which to file the petition for review.
No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen 15 days. The petition shall be filed in seven 7 legible copies, with the original copy intended for the court being indicated as such by the petitioner, and shall a state the full names of the parties to the case, without impleading the lower courts or judges thereof either as petitioners or respondents; b indicate the specific material dates showing that it was filed on time; c set forth concisely a statement of the matters involved, the issues raised, the specification of errors of fact or law, or both, allegedly committed by the Regional Trial Court, and the reasons or arguments relied upon for the allowance of the appeal; d be accompanied by clearly legible duplicate originals or true copies of the judgments or final orders of both lower courts, certified correct by the clerk of court of the Regional Trial Court, the requisite number of plain copies thereof and of the pleadings and other material portions of the record as would support the allegations of the petition.
The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees, the deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof.
The Court of Appeals may require the respondent to file a comment on the petition, not a motion to dismiss, within ten 10 days from notice, or dismiss the petition if it finds the same to be patently without merit, prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration.
A copy thereof shall be served on the petitioner. If upon the filing of the comment or such other pleadings as the court may allow or require, or after the expiration of the period for the filing thereof without such comment or pleading having been submitted, the Court of Appeals finds prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the appealed decision, it may accordingly give due course to the petition.
Whenever the Court of Appeals deems it necessary, it may order the clerk of court of the Regional Trial Court to elevate the original record of the case including the oral and documentary evidence within fifteen 15 days from notice. If the petition is given due course, the Court of Appeals may set the case for oral argument or require the parties to submit memoranda within a period of fifteen 15 days from notice.
The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum required by these Rules or by the court itself. This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions.
This Rule shall not apply to judgments or final orders issued under the Labor Code of the Philippines. An appeal under this Rule may be taken to the Court of Appeals within the period and in the manner herein provided, whether the appeal involves questions of fact, of law, or mixed questions of fact and law. Only one 1 motion for reconsideration shall be allowed. Upon proper motion and the payment of the full amount of the docket fee before the expiration of the reglementary period, the Court of Appeals may grant an additional period of fifteen 15 days only within which to file the petition for review.
Appeal shall be taken by filing a verified petition for review in seven 7 legible copies with the Court of Appeals, with proof of service of a copy thereof on the adverse party and on the court or agency a quo. The original copy of the petition intended for the Court of Appeals shall be indicated as such by the petitioner. The petition for review shall a state the full names of the parties to the case, without impleading the court or agencies either as petitioners or respondents; b contain a concise statement of the facts and issues involved and the grounds relied upon for the review; c be accompanied by a clearly legible duplicate original or a certified true copy of the award, judgment, final order or resolution appealed from, together with certified true copies of such material portions of the record referred to therein and other supporting papers; and d contain a sworn certification against forum shopping as provided in the last paragraph of section 2, Rule The petition shall state the specific material dates showing that it was filed within the period fixed herein.
The comment shall be filed within ten 10 days from notice in seven 7 legible copies and accompanied by clearly legible certified true copies of such material portions of the record referred to therein together with other supporting papers.
A copy thereof shall be served on the petitioner, and proof of such service shall be filed with the Court of Appeals. If upon the filing of the comment or such other pleadings or documents as may be required or allowed by the Court of Appeals or upon the expiration of the period for the filing thereof, and on the basis of the petition or the records the Court of Appeals finds prima facie that the court or agency concerned has committed errors of fact or law that would warrant reversal or modification of the award, judgment, final order or resolution sought to be reviewed, it may give due course to the petition; otherwise, it shall dismiss the same.
The findings of fact of the court or agency concerned, when supported by substantial evidence, shall be binding on the Court of Appeals. Within fifteen 15 days from notice that the petition has been given due course, the Court of Appeals may require the court or agency concerned to transmit the original or a legible certified true copy of the entire record of the proceeding under review.
The record to be transmitted may be abridged by agreement of all parties to the proceeding. The Court of Appeals may require or permit subsequent correction of or addition to the record.
You are out of time for service as provided for in the Rules and court office staff cannot accept your appeal. You may obtain the written consent of the respondent s for late service OR bring a motion before a single judge of the Divisional Court asking for an extension of time.
You must file your Notice of Appeal at the court within 10 days after service on all named respondents. You may obtain written consent for late filing from the respondent s OR bring a motion for an extension of time before a single judge of the Divisional Court.
You should be aware that if, after serving a Notice of Appeal or Notice of Cross-Appeal, you do not file it with the court within 10 days of service, you will be considered to have abandoned the appeal. The respondent s is entitled to costs of an abandoned appeal, unless the court orders otherwise.
Generally, Divisional Court appeals are filed in the region where the hearing or other process took place. This may not be the case if the parties agree otherwise. See section 20 1 of the Courts of Justice Act. For more information on where to file your appeal documents see the guide What is Divisional Court? You will be given a Divisional Court file number which must appear on all further documents to be served and filed. Have this file number at hand when contacting the court about your file.
Generally, unless you bring a motion to seek a stay and it is granted, you must comply with the terms of the order. In certain cases, there is an automatic stay that takes effect upon serving and filing a Notice of Appeal, such as:. Even where there is an automatic stay, you must inform the court or tribunal that made the order being appealed and the enforcement office in writing of the existence of the stay. See Rule 63 of the Rules for more information.
An appellant may abandon the appeal at any time by serving and filing a Notice of Abandonment Form 61K. The notice must be served and filed with proof of service. If, after serving a Notice of Appeal or Notice of Cross-Appeal, you do not file it with the court within 10 days of service, you will be considered to have abandoned the appeal. A transcript is a typed version of the oral proceedings of the court or tribunal in the matter you are appealing. If required, a certified transcript is prepared by a qualified transcriber for tribunal hearings or an authorized court transcriptionist for court proceedings using the audio recording of the trial or hearing.
Transcripts are prepared in a special format and must conform to the Rules. Once a transcript is prepared, it is certified and signed by the qualified transcriber or authorized court transcriptionist as a true and accurate copy of the proceedings. A transcript is required if witnesses testified at the hearing and either party believes all or part of the testimony will be relevant to the appeal.
Any oral rulings of the decision-maker may also need to be transcribed. If you are unsure whether or not you need a transcript, you should consult a lawyer.
The appellant is responsible for the cost of the transcript. Each transcript page costs a prescribed fee and the length of the transcript depends on the length of the hearing you are appealing from and the amount of transcript you require.
Please note that the prescribed fee for transcripts of a court proceeding cannot be waived. For information on fee waivers, refer to the Guide to Fee Waiver Requests. Not usually. A complete transcript is not normally required for the hearing of an appeal, and unless you request a complete transcript, only the oral testimony of the witnesses and rulings by the decision-maker will be transcribed.
Unless you have special directions from a judge, you must obtain a Certificate of Ordering a Transcript for Appeal from an authorized court transcriptionist for court proceedings or from the or tribunal or board that made the order being appealed.
You must also file a copy of the certificate with the Divisional Court office within 30 days from the date the Notice of Appeal was filed. Some tribunals and boards prepare a record of proceedings instead of a transcript of evidence. For some tribunal proceedings, on payment of a fee, you may obtain a tape recording or CD compact disc of the hearing. You must then take it to a certified court reporting service to have a transcript produced.
Such services may be found in legal directories or in the Yellow Pages. It is your responsibility to ensure the transcript, if required, is ordered in a timely manner. Failure to do so will jeopardize the hearing of your appeal. An appeal is perfected when all the documents necessary for the hearing of the appeal have been served and filed with the court with proof of service within the time periods set out in the Rules.
The other documents the appellant must serve and file in order to perfect the appeal are:. Once the appeal is perfected, you file a Certificate of Perfection to certify the appeal is perfected. There is a fee payable when you file a Certificate of Perfection.
Once you file your Certificate of Perfection, the Divisional Court can list the appeal for hearing. All of these documents are described in detail in this section. Each document must be prepared according to the format set out in the Rules.
Details are provided below and in a quick reference chart at the back of this guide, but for precise guidelines, refer to Rules 4 and The Appeal Book and Compendium is a bound volume s that contains a collection of the documents relating to your appeal. It must be bound front and back in buff coloured covers. When you file your Appeal Book and Compendium with the court, you will need to provide three copies if your appeal is before a panel of judges.
The pages of the Appeal Book and Compendium must be consecutively numbered, with numbered tabs arranged in the following order:. The Exhibit Book is a bound volume s containing exhibits from the original hearing necessary for the consideration of your appeal.
The Exhibit Book must be bound front and back in buff covers. If you believe some exhibits are not needed, you can ask the respondent s to agree to omit them. The pages of the exhibit book must be consecutively numbered, with numbered tabs arranged in the following order:. When you file your Factum with the court, you will need to provide an electronic version in addition to a hard copy.
If your appeal is before a panel of judges, you will need to provide three hard copies. The Appellant's Factum must be bound front and back in white covers.
It should not be more than 10 pages in length and cannot be more than 30 pages without the approval of a judge. The Factum must be signed at the end. The Appellant's Factum must consist of the following parts note that for Parts I through V, you must number each paragraph :. Information about transcripts is provided in Part Three: Transcripts. If you are filing a transcript and an electronic version of the transcript was prepared, you must file the electronic version of the transcript with the court, in addition to a hard copy.
It is of great assistance to the Divisional Court for the parties to file casebooks containing copies of the cases to which they intend to refer on the hearing of the appeal. The Appellant's Book of Authorities must be bound front and back in white covers. If the appeal is before a panel of judges, each party should file three copies of its Book of Authorities.
The Book of Authorities should include a tab for each case either numerical or alphabetical , and should include an index of the cases and indicate the tab where the case is reproduced. The particular passages in the cases to which you wish to refer should be clearly marked with highlighting, underlining or sidebars. The Book of Authorities should include only the cases that you have referred to in the Factum.
The Book of Authorities should be filed, if possible, with the Factum, but if not possible, then not later than Monday of the week preceding the hearing of the appeal. If you and the respondent s agree, you can file a joint Book of Authorities.
However, you should include the extracts you intend to refer the judge s to in your Factum or your Book of Authorities. All documents must be served before they are filed. Proof of service is required at the time of filing. When there is no transcript of evidence required, you must perfect your appeal within 30 days of when you filed your Notice of Appeal. Where a transcript of evidence is required, you must perfect within 60 days of receiving notice that the transcript has been completed.
For an appeal of an order made under the Child, Youth and Family Services Act, , there is a modified timeline for perfecting the appeal. When no transcript of evidence is required, you must perfect your appeal within 14 days after you file your Notice of Appeal, instead of 30 days. Where a transcript of evidence is required, you must perfect within 30 days of the completion of the transcript, instead of 60 days.
Your appeal may be dismissed for delay on ten days written notice to you. If you receive notice from the Registrar that your appeal is dismissed and you believe it to be in error, you should contact the Divisional Court office where you filed your appeal as soon as possible. For more information on dismissal for delay, see the guide What can I do if my appeal to the Divisional Court is dismissed for delay or dismissed as abandoned?
Consider seeking legal advice. You or your lawyer will need to prepare responding materials, serve them on the other parties, and file them with the Divisional Court with proof of service within the deadlines set by the Rules. The content and format of these documents are described below. It is recommended that you review Rule There is no fee to file any of these materials. You must sign the Factum at the end. The Respondent's Factum must consist of the following parts note that for Parts I through V, you must number each paragraph :.
When you file your Compendium with the court, you will need to provide three copies if your appeal is before a panel of judges. The responding materials must be served and filed with proof of service within the 60 day limit. If possible, file it with the Factum. If that is not possible, then file it not later than Monday of the week preceding the hearing of the appeal.
For an appeal of an order made under the Child, Youth and Family Services Act, , there is a modified timeline for the respondent to prepare responding material. Instead of 60 days, the respondent has 30 days from the date of service to serve the appellant and any other respondents with responding materials and then to file the documents with the Divisional Court with proof of service.
You can bring a motion to the Registrar of the Divisional Court, on ten days notice to the appellant, to dismiss the appeal for delay under the following circumstances:. When an appeal is perfected, the Registrar of the Divisional Court will place it on the list of cases to be heard and will mail a Notice of Listing for Hearing Form 61G to every person listed in the Certificate of Perfection.
For an estimate of the amount of time before the appeal will be listed, contact the court office where the appeal is filed. The time each party has to speak is strictly limited. A party can request a reasonable amount of time in the factum, but the court may provide less time. The judge or panel hearing the appeal will have prior access to the factums, so consider that when you estimate your request for time. With rare exceptions, court proceedings are open to the public.
You can contact the court office to determine when Divisional Court appeals are being heard. In preparing the notice of appeal, the petitioner is responsible for making the initial determination as to whether a written transcript of a proceeding in the lower tribunal will assist the Court in deciding the issues presented on appeal. Because the parties are encouraged to agree on the contents of the appendix pursuant to Rule 7 e , the petitioner is encouraged to confer with the other parties to the case as to whether transcripts are necessary.
Requesting transcripts—preliminary matters. Before a transcript of proceedings may be requested for purposes of an appeal, the requesting party must obtain—from each court reporter who will be involved in preparing any portion of the transcript—an estimate of the length of the transcript, and must make appropriate financial arrangements with each court reporter either by: 1 immediate payment in full or by another payment arrangement that is acceptable to the court reporter pursuant to subsection e of this Rule; or 2 filing, in appropriate cases, an affidavit of indigency or order appointing counsel in the circuit clerk's office, in which case payment for the transcript will be made by the Supreme Court.
Transcript requests by the petitioner. The petitioner's transcript request is made by filing a notice of appeal and appellate transcript request form as required by Rule 5 and in the format provided in Appendix A of these Rules.
If a petitioner fails to properly request a transcript within the time specified, fails to make satisfactory financial arrangements with the court reporter, or fails to specify in adequate detail those proceedings to be transcribed, the Court may deny motions for an extension of the appeal period or subject the appeal to dismissal by the Court for failure to perfect. Transcript requests by the respondent. If the respondent, upon review of the petitioner's notice of appeal, is of the opinion that the transcripts listed by the petitioner, if any, are not adequate to permit the Court to fairly consider the assignments of error presented, the respondent shall, within fourteen days of receipt of the notice of appeal, request that additional transcripts be prepared by completing and filing an appellate transcript request contained in Appendix A of these Rules.
The respondent's transcript request shall be served upon opposing counsel, on each court reporter from whom a transcript is requested, and be filed with the Clerk of the Supreme Court. As appropriate to the circumstances, the Court will issue an amended scheduling order.
The respondent shall provide a statement of costs to the Court if transcripts produced under this subsection are included in a supplemental appendix under Rule 7. Payment for transcripts. In cases where transcripts are not paid for by the Supreme Court, the court reporter may, for good cause shown by the requesting party, defer payment at the time the transcript is requested. If payment is deferred in whole or in part, the requesting party must make full payment upon receipt of the court reporter's invoice.
If payment is not received by the court reporter within a reasonable amount of time, the Court may deny motions for extension of the appeal period or dismiss the appeal for failure to perfect.
When a transcript has been properly requested, but the appeal is later dismissed or withdrawn, the requesting party is nevertheless obligated to pay the court reporter for the cost of the transcript prepared prior to the court reporter's receipt of notification from the requesting party that the appeal has been dismissed or withdrawn. If a party has made an informal request for a transcript but fails to properly complete and file a notice of appeal containing the appropriate transcript request, the court reporter is not obligated to perform any work to complete the transcript unless otherwise provided by order.
Duties of the court reporter. Unless otherwise provided in a scheduling order or other order issued by the Court, a completed transcript is due forty-five days from the court reporter's receipt of the appellate transcript request; provided, however, that transcripts in abuse and neglect appeals under Rule 11 are not prepared for purposes of appeal unless specifically approved in advance by the Court.
The court reporter shall promptly notify the Clerk of the Supreme Court of any problem with the appellate transcript request or the financial arrangements. Upon completion of the transcript, the court reporter must promptly provide a copy to the requesting party, file the original transcript in the circuit clerk's office, and provide a completed certification—setting forth the date the transcript was filed—to the Clerk of the Supreme Court.
Additional duties and responsibilities applicable to court reporters are set forth in the Official Manual for West Virginia Court Reporters. Extensions of time to complete transcripts. The Clerk may grant an extension of time for the court reporter to complete a transcript. All requests for extensions of time must be specific and in writing. Briefs Format. In addition to the specific requirements in this Rule, all briefs and summary responses are required to: 1 comply with the general format requirements and page limitations set forth in Rule 38; and 2 avoid unnecessary use of personal identifiers as required by Rule 40 e.
Time for filing, number of copies, method of filing. Unless otherwise provided, briefs are due within the time frame set forth in the scheduling order. Typically, the petitioner's brief must be filed four months from entry of the final order being appealed, the respondent's brief must be filed forty-five days after the petitioner's brief, and any reply brief deemed necessary must be filed twenty days after the respondent's brief.
The number of copies and page limitations for briefs and summary responses are set forth in Rule Briefs and summary responses are deemed filed when the requisite number of documents are received in the Clerk's Office, not when mailed. Petitioner's brief. The petition for appeal and note of argument shall be consolidated into a single document called the petitioner's brief.
To the fullest extent possible, the petitioner's brief shall contain the following sections in the order indicated, immediately following the cover page required by Rule 38 b. Table of Contents : If the brief exceeds five pages it must include a table of contents, with page references to the sections of the brief and the argument headings.
The table of contents does not count toward the page limit for briefs. Table of Authorities : If the brief exceeds five pages it must include a table of authorities with an alphabetical list of cases, statutes, and other authorities cited, and references to the pages of the brief where they are cited. The table of authorities does not count toward the page limit for briefs.
Assignments of Error : The brief opens with a list of the assignments of error that are presented for review, expressed in terms and circumstances of the case but without unnecessary detail.
The assignments of error need not be identical to those contained in the notice of appeal. The statement of the assignments of error will be deemed to include every subsidiary question fairly comprised therein.
If the issue was not presented to the lower tribunal, the assignment of error must be phrased in such a fashion as to alert the Court to the fact that plain error is asserted. In its discretion, the Court may consider a plain error not among the assignments of error but evident from the record and otherwise within its jurisdiction to decide.
Statement of the Case : Supported by appropriate and specific references to the appendix or designated record, the statement of the case must contain a concise account of the procedural history of the case and a statement of the facts of the case that are relevant to the assignments of error.
Summary of Argument : The summary of argument should be a concise, accurate, and clear condensation of the argument made in the body of the brief, and need not contain extensive citation to legal authorities. The summary may not be a mere repetition of the headings under which the argument is arranged.
Statement Regarding Oral Argument and Decision : The brief must contain a statement as to whether oral argument is necessary pursuant to the criteria in Rule 18 a. If the party deems oral argument to be necessary, the party must indicate whether the case should be set for a Rule 19 argument or a Rule 20 argument, and why. If the party requests a Rule 19 argument, the party must state whether the case is appropriate for a memorandum decision.
If the party requests that the case be set for oral argument and believes that the minimum time for argument set forth in Rule 19 or Rule 20 will not be sufficient, the party may request a specific amount of additional time for argument and explain why the party believes that good cause exists for granting additional time. Argument : The brief must contain an argument exhibiting clearly the points of fact and law presented, the standard of review applicable, and citing the authorities relied on, under headings that correspond with the assignments of error.
The argument must contain appropriate and specific citations to the record on appeal, including citations that pinpoint when and how the issues in the assignments of error were presented to the lower tribunal. The Court may disregard errors that are not adequately supported by specific references to the record on appeal. Conclusion : The brief must end with a conclusion, specifying the relief to which the party believes himself to be entitled. Certificate of Service : A certificate of service as required by Rule 37 must be attached to the end of the brief.
The certificate of service does not need a page number and does not count toward the page limit for briefs. The following requirements must be observed when counsel in a criminal, habeas corpus, or abuse and neglect case is directed by a client to file an appeal where counsel lacks a good faith belief that an appeal is reasonable and warranted under the circumstances: Counsel must engage in a candid discussion with the client regarding the merits of the appeal.
If, after consultation with the client, the client insists on proceeding with the appeal, counsel must file a notice of appeal and perfect the appeal on the petitioner's behalf. Counsel need not espouse unsupportable contentions insisted on by the client, but should present a brief containing appropriate citations to the appendix and any case law that supports the assignments of error.
In extraordinary circumstances, if counsel is ethically compelled to disassociate from the contentions presented in the brief, counsel must preface the brief with a statement that the brief is filed pursuant to Rule 10 c 10 b.
If counsel is ethically compelled to disassociate from any assignments of error that the client wishes to raise on appeal, counsel must file a motion requesting leave for the client to file a pro se supplemental brief raising those assignments of error that the client wishes to raise but that counsel does not have a good faith belief are reasonable and warranted. Respondent's brief. The respondent must file a brief in accordance with this subsection, or a summary response in accordance with subsection e of this Rule.
The respondent's brief must conform to the requirements in subsection c of this Rule, except that no statement of the case need be made beyond what may be deemed necessary in correcting any inaccuracy or omission in the petitioner's brief, and except that the respondent need not specifically restate the assignments of error.
Unless otherwise provided by the Court, the argument section of the respondent's brief must specifically respond to each assignment of error, to the fullest extent possible. If the respondent's brief fails to respond to an assignment of error, the Court will assume that the respondent agrees with the petitioner's view of the issue.
Summary response. Instead of a brief, the respondent may file a summary response. A summary response need not comply with all the requirements for a brief set forth in this rule but must contain an argument responsive to the assignments of error with appropriate citations to the record on appeal, exhibiting clearly the points of fact and law being presented and the authorities relied on; a conclusion, specifying the relief to which the party believes himself entitled; and a certificate of service as required by Rule A party who files a summary response is deemed to have consented to the waiver of oral argument.
Cross-assignments of error. The respondent, if he is of the opinion that there is error in the record to his prejudice, may assign such error in a separate portion of his brief and set out authority and argument in support thereof in the manner provided in subsection c of this Rule.
Such cross- assignment may be made notwithstanding the fact that the respondent did not perfect a separate appeal within the statutory period for taking an appeal. If the respondent's brief contains cross-assignments of error, the cover page of the brief must clearly so reflect. The petitioner may respond to the cross-assignment of errors in the reply brief. Reply brief. The petitioner may file a reply brief, which must comply with such parts of this rule applicable to the respondent, but need not contain a summary of argument, if appropriately divided by topical headings.
If a timely-filed respondent's brief asserts cross-assignments of error, the applicable page limitation for a reply brief set forth in Rule 38 is extended to forty pages, and the time for filing a reply brief is automatically extended, without need for further order, until thirty days after the date the respondent's brief containing cross-assignments of error was filed. Unless otherwise provided by order, in cases where more than one respondent's brief is filed, the petitioner is limited to filing only a single reply brief that consolidates the reply to each of the responses.
In cases where more than one response brief is filed, the page limitation for the reply brief under Rule 38 is automatically extended to thirty pages, without need for further order. Supplemental brief. The Court may, on its own motion or upon motion of a party, direct that supplemental briefs be filed addressing a particular issue or circumstance.
Unless otherwise provided, supplemental briefs need only comply with such parts of this rule applicable that are appropriate under the circumstances. Notice of additional authorities. Whenever a party desires to present late authorities, newly enacted legislation, or other intervening matters that were not available in time to have been included in the party's brief, the party may briefly inform the Court by letter, with copy provided to opposing parties.
If the Court desires any further briefing or argument, it will so instruct by order. Failure to file brief. The failure to file a brief in accordance with this rule may result in the Supreme Court refusing to consider the case, denying oral argument to the derelict party, dismissing the case from the docket, or imposing such other sanctions as the Court may deem appropriate.
Within thirty days of entry of the judgment being appealed, the petitioner shall file the notice of appeal and the attachments required in the notice of appeal form contained in Appendix A of these Rules. The petitioner must file an original and the number of copies required by Rule In addition to serving the notice of appeal in accordance with Rule 37 , the party appealing shall serve a copy of the notice of appeal, including attachments, on all parties to the action in circuit court, on the clerk of the circuit court from which the appeal is taken—which shall be made a part of the record in the circuit court—and on each court reporter from whom a transcript is requested.
To the extent that a transcript of a particular proceeding is necessary for the Court to review a disputed evidentiary or testimonial issue, the petitioner must so indicate in the notice of appeal. All parties to the proceeding in the court from which the appeal is taken, including the guardians ad litem for the minor children, shall be deemed parties in this Court, unless the appealing party shall indicate on the notice of appeal that one or more of the parties below has no interest in the outcome of the matter.
A party mistakenly designated as no longer interested may remain a party in this Court by notifying the Clerk of this Court, with notice given to the other parties, that he has an interest in the appeal, within twenty days of the filing of the notice of appeal.
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