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Rule 5.01

Rule 5.01: Appellate Court Motion

Section Appellate Practice
(a)   Generally. Unless made during a hearing, an application to an appellate court must be by written motion filed with the clerk of the appellate courts and must state with particularity the ground for the motion and the relief or order sought. Each motion must contain only a single subject.

(1)   Except when docketing an appeal, an attorney must not file multiple pleadings in a single transmission within the appellate court’s electronic filing system.

(2)   Due to the transition of the appellate courts to electronic records, a party appearing pro se must file an original and one copy of any motion filed with the appellate courts.

(b)   Response to a Motion. A party may serve and file a response no later than 7 days after being served with a motion.

(c)   Oral Argument. Oral argument on a motion will be permitted only by court order.

(d)   Motion by Represented Party.

(1)   Motion. A party represented by counsel may file a motion on the party’s own behalf only to take the following action:

(A)   remove counsel,

(B)   file a supplemental brief, or

(C)   file a supplemental petition for review raising only the issues raised in a supplemental brief if the party filed one in the Court of Appeals.

(2)   Service. A motion filed under subsection (d) must be served on the party’s counsel and all other parties to the appeal.

(3)   Pro Se Party. Subsection (d) does not apply to a party appearing pro se.

[History: Am. effective June 14, 1988; Am. effective September 16, 1992; Am. effective September 6, 2005; Am. (a) effective July 1, 2010; Restyled rule and amended effective July 1, 2012; Am. effective December 19, 2016; Am. effective July 2, 2018.]

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