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2000 SESSION

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HB 723 Court of appeals; filing of notice.

Introduced by: James F. Almand | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Court of appeals; filing of notice. Eliminates a provision that the Court of Appeals may grant a thirty-day extension for filing a petition for appeal in order to attain the ends of justice. This statutory provision is inconsistent with a recent change to the Rules of the Supreme Court. The rule change provides that, "A single extension not to exceed thirty days may be granted if [at least two judges of the Supreme Court (rule 5:5(a))] or [at least three judges of the Court of Appeals (rule 5A:3(a))] concur in a finding that an extension for papers to be filed is warranted by the intervention of some extraordinary occurrence or catastrophic circumstance which was unpredictable and unavoidable."

The rule change was prompted by HB 2359 (1999, Delegate Almand), which allowed the Supreme Court or Court of Appeals to grant a thirty day extension under certain circumstances. The bill also directed the Judicial Council to study the issue of granting extensions. HB 2359 was passed by the 1999 General Assembly with a reenactment clause; it will not become effective unless reenacted by the 2000 General Assembly.


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