|1997 Rules of Appellate Procedure|
|Rule 53||Rule 54||Rule 55||Rule 56||Rule 57||Rule 58||Rule 59||Rule 60|
|Rule 61||Rule 62||Rule 63||Rule 64||Rule 65|
RULE 56. ORDERS ON PETITION FOR REVIEW
56.1 Orders on Petition for Review.
(a) Considerations in 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 states 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.
56.2 Moot Cases. If a case is moot, the Supreme Court may, after notice to the parties, grant the petition and, without hearing argument, dismiss the case or the appealable portion of it without addressing the merits of the appeal.
56.3 Settled cases. If a case is settled by agreement of the parties and all parties so move, the Supreme Court may grant the petition if it has not already been granted and, without hearing argument or considering the merits,render a judgment to effectuate the agreement. The Supreme Court's action may include setting aside the judgment of the court of appeals or the trial court without regard to the merits and remanding the case to the trial court for rendition of a judgment in accordance with the agreement. The Supreme Court may abate the case until the lower courts proceedings to effectuate the agreement are complete. In any event, the Supreme Court's order does not vacate the court of appeals' opinion unless the order specifically provides otherwise. An agreement or motion cannot be conditioned on vacating the court of appeals' opinion.
56.4 Notice to Parties. When the Supreme Court grants, denies, refuses, or dismisses a petition for review, the Supreme Court clerk must send a written notice of the disposition to the court of appeals, the trial court, and all parties to the appeal.
56.5 Return of Documents to Court of Appeals. When the Supreme Court denies, refuses, or dismisses a petition for review, the clerk will retain the petition, together with the record and accompanying papers, for 30 days after the order is rendered. If no motion for rehearing has been filed by the end of that period or when any motion for rehearing of the order has been overruled, the clerk must send a certified copy of its order to the court of appeals and return the record and all papers (except for documents filed in the Supreme Court) to the court of appeals clerk.
Notes and Comments
Comment to 1997 change: The rule is from former Rule 133. Subdivision 56.3 regarding settled cases is added.
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Last modified: March 25, 2010