Rule 28.

1997 Rules of Appellate Procedure

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Rule 51

RULE 28. ACCELERATED APPEALS IN CIVIL CASES

28.1 Interlocutory Orders. An appeal from an interlocutory order, when allowed, will be accelerated. Filing a motion for new trial will not extend the time to perfect the appeal. The trial court need not, but may — within 30 days after the order is signed — file findings of fact and conclusions of law.

28.2 Quo Warranto. An appeal in a quo warranto proceeding will be accelerated. In such a proceeding, filing a motion for new trial will not extend the time to perfect the appeal. But the trial court may grant a timely filed motion for new trial until 50 days after the judgment or appealable order is signed. If not determined by written order within that period, the motion for new trial will be deemed overruled.

28.3 Record and Briefs. In lieu of the clerk’s record, the appellate court may hear an accelerated appeal on the original papers forwarded by the trial court or on sworn and uncontroverted copies of those papers. The appellate court may allow the case to be submitted without briefs.

Notes and Comments
Comment to 1997 change: This is former Rule 42. A motion for new trial is now permitted in an appeal from an interlocutory order, but it does not extend the time to perfect appeal. The deadlines for filing items in an accelerated appeal are moved to other rules. See Rules 26.1, 35.1 and 38.6. Former Rule 42(b), regarding discretionary acceleration, is omitted as unnecessary. See Rule 40.1. The provision in former Rule 42(c) allowing the court to shorten the time to file briefs is omitted as unnecessary. See Rule 38.6.

Last modified: November 08, 2001